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1 | AN ACT concerning judicial elections.
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2 | Be it enacted by the People of the State of | ||||||||||||||||||||||||||||||||||||||
3 | Illinois,represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||||||||||||||
5 | Supreme Court Campaign Reform Act.
| ||||||||||||||||||||||||||||||||||||||
6 | Section 5. Definitions.
| ||||||||||||||||||||||||||||||||||||||
7 | In this Act:
| ||||||||||||||||||||||||||||||||||||||
8 | "Allowable contribution" means a qualifying contribution, | ||||||||||||||||||||||||||||||||||||||
9 | a seed money
contribution, or a personal contribution | ||||||||||||||||||||||||||||||||||||||
10 | authorized by this Act.
| ||||||||||||||||||||||||||||||||||||||
11 | "Candidate" means any person seeking election to the office | ||||||||||||||||||||||||||||||||||||||
12 | of Judge of the
Illinois Supreme Court.
| ||||||||||||||||||||||||||||||||||||||
13 | "Campaign" includes the primary election campaign period | ||||||||||||||||||||||||||||||||||||||
14 | and the general
election campaign period.
| ||||||||||||||||||||||||||||||||||||||
15 | "General election campaign period" means the period | ||||||||||||||||||||||||||||||||||||||
16 | beginning on the day
after the general primary election and | ||||||||||||||||||||||||||||||||||||||
17 | ending on the day of the general
election.
| ||||||||||||||||||||||||||||||||||||||
18 | "Electioneering communication expenditure" means an | ||||||||||||||||||||||||||||||||||||||
19 | expenditure for any
broadcast, cable, or satellite | ||||||||||||||||||||||||||||||||||||||
20 | communication, that refers to a clearly
identified candidate | ||||||||||||||||||||||||||||||||||||||
21 | for Supreme Court, that is made within 60 days before a
general
| ||||||||||||||||||||||||||||||||||||||
22 | election or 30 days before a general
primary election, and that | ||||||||||||||||||||||||||||||||||||||
23 | is broadcast to
voters in the district where the candidate is | ||||||||||||||||||||||||||||||||||||||
24 | on the ballot. "Electioneering
communication" does not mean a | ||||||||||||||||||||||||||||||||||||||
25 | communication appearing in a news story,
commentary, or | ||||||||||||||||||||||||||||||||||||||
26 | editorial included in the course of regularly scheduled news
| ||||||||||||||||||||||||||||||||||||||
27 | coverage or a communication that constitutes a candidate debate | ||||||||||||||||||||||||||||||||||||||
28 | or forum.
| ||||||||||||||||||||||||||||||||||||||
29 | "Eligible candidate" means a candidate for the office of | ||||||||||||||||||||||||||||||||||||||
30 | Judge of the
Supreme Court who qualifies for public financing | ||||||||||||||||||||||||||||||||||||||
31 | by collecting the required
number of qualifying contributions, | ||||||||||||||||||||||||||||||||||||||
32 | making all required reports and
disclosures, and being |
| |||||||
| |||||||
1 | certified by the State Board as being in compliance with
this | ||||||
2 | Act.
| ||||||
3 | "Excess expenditure amount" means the amount of | ||||||
4 | expenditures made
by a non-participating candidate in excess of | ||||||
5 | the public financing benefit
available to an eligible candidate | ||||||
6 | for the same office that the
non-participating candidate seeks.
| ||||||
7 | "Excess qualifying contribution amount" means the amount | ||||||
8 | of qualifying
contributions accepted by a candidate beyond the | ||||||
9 | number or dollar amount of
contributions required to qualify a | ||||||
10 | candidate for a public financing benefit.
| ||||||
11 | "Exploratory period" means the period that begins one year | ||||||
12 | prior to the
general primary election date and ends on the day | ||||||
13 | before the beginning of the
primary election campaign period | ||||||
14 | for Judges of the Supreme Court.
| ||||||
15 | "Fair election debit card" means a debit card issued by the | ||||||
16 | State Treasurer
in accordance with Section 65 entitling a | ||||||
17 | candidate and agents of the candidate
designated by the | ||||||
18 | candidate to draw money from an account maintained by the
State | ||||||
19 | Treasurer to make expenditures authorized by law.
| ||||||
20 | "Immediate family", when used with reference to a | ||||||
21 | candidate, includes the
candidate's spouse, parents, and | ||||||
22 | children.
| ||||||
23 | "Independent expenditure" means an expenditure by a person | ||||||
24 | expressly
advocating the election or defeat of a clearly | ||||||
25 | identified candidate that is
made without cooperation or | ||||||
26 | consultation with a candidate, or any political
committee or | ||||||
27 | agent of a candidate, and that is not made in concert with, or | ||||||
28 | at
the request or suggestion of, any candidate or any political | ||||||
29 | committee or
agent of a candidate.
| ||||||
30 | "Non-participating candidate" means a candidate for the | ||||||
31 | office of Judge of
the
Supreme Court who does not apply for a | ||||||
32 | public financing benefit or who
otherwise is ineligible or | ||||||
33 | fails to qualify for a public financing benefit
under this Act.
| ||||||
34 | "Personal funds" means funds contributed by a candidate or | ||||||
35 | a member of
a candidate's immediate family.
| ||||||
36 | "Primary election campaign period" means the period |
| |||||||
| |||||||
1 | beginning 30 days
after the last day prescribed by law for | ||||||
2 | filing nomination papers
and ending on the day of the general | ||||||
3 | primary election.
| ||||||
4 | "Public financing qualifying period" means the period | ||||||
5 | beginning on the
first day of July of an odd-numbered year and | ||||||
6 | ending on the day before the
beginning of the primary election | ||||||
7 | campaign period for the office of Judge of
the Supreme Court.
| ||||||
8 | "Qualifying contribution" means a contribution between $5 | ||||||
9 | and $25 to a
candidate made by a resident, at least 18 years | ||||||
10 | old, of the district in which
the candidate seeks office and | ||||||
11 | made during the public financing qualifying
period that is
| ||||||
12 | acknowledged by written receipt identifying the contributor. | ||||||
13 | An individual may
make only one qualifying contribution per | ||||||
14 | candidate.
| ||||||
15 | "Qualifying report" is a list of all individual qualifying
| ||||||
16 | contributions.
| ||||||
17 | "Seed money contribution" means a contribution in an amount | ||||||
18 | of not more
than $100 made to a candidate for the office of | ||||||
19 | Judge of the Supreme Court
during the exploratory period or the | ||||||
20 | public
financing qualifying period or a contribution made to a | ||||||
21 | candidate consisting
of personal funds of that candidate in an | ||||||
22 | amount not more than the amount
authorized under Section 30 | ||||||
23 | during the exploratory period or the public
financing | ||||||
24 | qualifying period.
| ||||||
25 | "State Board" means the State Board of Elections.
| ||||||
26 | "Supreme Court Democracy Trust Fund" means a special fund | ||||||
27 | created in the
State treasury and to be used, subject to | ||||||
28 | appropriation, by the State Board of
Elections for the funding | ||||||
29 | of campaigns for participating Supreme Court
candidates.
| ||||||
30 | Section 10. Qualification; certification. | ||||||
31 | (a) Before a candidate for nomination for election to the | ||||||
32 | office of Judge
of the Supreme Court in the general primary | ||||||
33 | election may be certified as an
eligible candidate to receive a | ||||||
34 | public financing benefit for the primary
election campaign | ||||||
35 | period, the candidate must apply to the State Board for a
|
| |||||||
| |||||||
1 | public financing benefit and file a sworn statement that the | ||||||
2 | candidate has
complied and will comply with all requirements of | ||||||
3 | this Act throughout the
applicable campaign, including the | ||||||
4 | general primary election and the general
election. A candidate | ||||||
5 | must file the application and statement no later than the
| ||||||
6 | beginning of the primary election campaign period for the | ||||||
7 | office of Judge of
the Supreme Court.
| ||||||
8 | (b) A candidate shall be certified by the State Board as an | ||||||
9 | eligible
candidate for
receipt of public financing for a | ||||||
10 | primary election if the candidate complies
with subsection
(a) | ||||||
11 | and receives a number of qualifying contributions at least | ||||||
12 | equal to 0.15%
of the number of ballots cast in the judicial | ||||||
13 | district in the last gubernatorial
election
from
individual | ||||||
14 | qualifying contributors before the close of the public | ||||||
15 | financing
qualifying period. The State Board may require | ||||||
16 | candidates to file lists of qualifying contributions in | ||||||
17 | electronic format. If so required, the State Board shall either | ||||||
18 | (i) provide, without charge, all software necessary to comply | ||||||
19 | with this requirement or (ii) ensure that the necessary | ||||||
20 | software is commonly available to the public at minimal cost.
| ||||||
21 | (c) The State Board must verify a candidate's compliance | ||||||
22 | with the
requirements of subsection (b) by any verification and | ||||||
23 | sampling techniques that
the State Board considers | ||||||
24 | appropriate.
| ||||||
25 | (d) Each candidate must acknowledge each qualifying | ||||||
26 | contribution by a
receipt to the contributor that contains the | ||||||
27 | contributor's name and home
address. A candidate must file a | ||||||
28 | qualifying report with the State Board of
Elections.
| ||||||
29 | (e) A qualifying contribution may be used only for the | ||||||
30 | purpose of making
an expenditure authorized by law.
| ||||||
31 | Section 15. Time of application; general election. | ||||||
32 | (a) Before a candidate may be certified as eligible for | ||||||
33 | receipt of public
financing for a general election, the | ||||||
34 | candidate must apply to the State Board
and file a sworn | ||||||
35 | statement that the candidate has fulfilled all the
requirements |
| |||||||
| |||||||
1 | of this Act during the primary election campaign period and | ||||||
2 | will
comply with the requirements of this Act during the | ||||||
3 | general election campaign
period. The application must be filed | ||||||
4 | no later than the 7th day after the date
of the general primary | ||||||
5 | election.
| ||||||
6 | (b) The State Board must certify a candidate as an eligible | ||||||
7 | candidate for
receipt of public financing for a general | ||||||
8 | election campaign period if the
candidate complies with | ||||||
9 | subsection (a) and the candidate was an eligible
candidate | ||||||
10 | during the primary election campaign period.
| ||||||
11 | Section 20. Agreement by candidate.
| ||||||
12 | An eligible candidate who accepts a
public financing benefit | ||||||
13 | under this Act during the primary election campaign
period must | ||||||
14 | agree to comply with all requirements of this Act throughout | ||||||
15 | the
general election campaign period as a precondition to | ||||||
16 | receipt of public
financing. An eligible candidate who accepts | ||||||
17 | a public financing benefit during
a primary election campaign | ||||||
18 | period may not elect to accept private
contributions in | ||||||
19 | violation of this Act during the corresponding general election
| ||||||
20 | campaign period.
| ||||||
21 | Section 25. Requirements imposed upon eligible candidates.
| ||||||
22 | (a) An eligible candidate may not accept private | ||||||
23 | contributions other than
seed money contributions and | ||||||
24 | qualifying contributions.
| ||||||
25 | (b) In addition to reports required to be filed under the | ||||||
26 | Election Code, a
candidate who receives a public financing | ||||||
27 | benefit must furnish complete
financial records, including | ||||||
28 | records of seed money contributions, qualifying
contributions, | ||||||
29 | and expenditures on the last day of the month.
| ||||||
30 | (c) In addition to adhering to requirements imposed under | ||||||
31 | the Election Code,
a candidate who receives a public financing | ||||||
32 | benefit must maintain records
of all contributions of at least | ||||||
33 | $5 and not more than $100,
including seed money contributions | ||||||
34 | and qualifying contributions, that
contain the full name of the |
| |||||||
| |||||||
1 | contributor and the contributor's full home
address.
| ||||||
2 | (d) The failure to record or provide the information | ||||||
3 | specified in subsection
(c) disqualifies a contribution from | ||||||
4 | counting as a qualifying contribution.
| ||||||
5 | (e) No eligible candidate and no person acting on a | ||||||
6 | candidate's behalf may
deposit any contribution that is not | ||||||
7 | recorded in accordance with subsection (c)
in a candidate's | ||||||
8 | campaign account.
| ||||||
9 | (f) No eligible candidate may accept more than $25 in cash | ||||||
10 | from any
contributor.
| ||||||
11 | Section 30. Personal funds of candidates. | ||||||
12 | (a) The personal funds of an eligible candidate contributed | ||||||
13 | as seed money
contributions may not exceed an aggregate amount | ||||||
14 | of $10,000. This includes
funds from the candidate's immediate | ||||||
15 | family.
| ||||||
16 | (b) No eligible candidate may make any expenditure derived | ||||||
17 | from personal
funds after the close of the public financing | ||||||
18 | qualifying period.
| ||||||
19 | (c) Eligible candidates may not loan personal funds to | ||||||
20 | their campaign.
| ||||||
21 | Section 35. Seed money contributions. | ||||||
22 | (a) An eligible candidate may accept seed money | ||||||
23 | contributions from any
individual or political committee | ||||||
24 | before the end of the public financing
qualifying period, | ||||||
25 | provided the total contributions from one contributor,
except | ||||||
26 | personal funds and qualifying contributions otherwise | ||||||
27 | permitted under
this Act, do not exceed $100 and the aggregate | ||||||
28 | contributions, including
personal funds but not including | ||||||
29 | qualifying contributions, do not exceed
$30,000.
| ||||||
30 | (b) An eligible candidate may make expenditures from seed | ||||||
31 | money
contributions only during the exploratory period and the | ||||||
32 | public financing
qualifying period.
| ||||||
33 | Section 40. Excess contributions.
|
| |||||||
| |||||||
1 | An amount equivalent to the
excess contributions must be | ||||||
2 | deducted by the State Board from the candidate's
public | ||||||
3 | financing benefit. A candidate must return to the State Board | ||||||
4 | all seed
money and personal contributions, including in-kind | ||||||
5 | contributions, that exceed
the limits prescribed in Section 35 | ||||||
6 | within 48 hours after the end of the
exploratory period. The | ||||||
7 | State Board must deposit all contributions
returned under this | ||||||
8 | Section into the Illinois Supreme Court Democracy Trust
Fund.
| ||||||
9 | Section 45. Certification by candidate; line of credit. | ||||||
10 | (a) To apply for a public financing benefit, a candidate | ||||||
11 | must certify to the
State Board that the candidate has complied | ||||||
12 | and will comply, throughout the
applicable campaign, with all | ||||||
13 | requirements of this Act and that all disclosures
required at | ||||||
14 | the time of application have been made. The candidate must | ||||||
15 | present
evidence of the requisite number of qualifying | ||||||
16 | contributions received by the
candidate. The candidate's | ||||||
17 | request for certification must be signed by the
candidate and | ||||||
18 | the treasurer of the candidate's political committee.
| ||||||
19 | (b) The State Board must distribute to each eligible | ||||||
20 | candidate at the
general primary election a line of credit for | ||||||
21 | public financing promptly after
the candidate demonstrates his | ||||||
22 | or her eligibility and, in any event, not later
than 5 days | ||||||
23 | after the end of the public financing qualifying period; | ||||||
24 | provided,
however, that no candidate may use a line of credit | ||||||
25 | distributed under this
subsection until the beginning of the | ||||||
26 | primary election campaign period.
| ||||||
27 | (c) The State Board must distribute to each eligible | ||||||
28 | candidate for Judge
of the Supreme Court in the general | ||||||
29 | election a line of credit for public
financing not later than | ||||||
30 | the earlier of (i) 48 hours after the official canvass and | ||||||
31 | proclamation under Section 22-7 of the Election Code or (ii) 21 | ||||||
32 | days after the date of the general primary
election for the | ||||||
33 | office of Judge of the Supreme Court. No candidate for
Judge of | ||||||
34 | the Supreme Court may receive a line of credit until all | ||||||
35 | candidates
for Judge of the Supreme Court who apply and qualify |
| |||||||
| |||||||
1 | for a public financing
benefit have been certified as eligible | ||||||
2 | candidates.
| ||||||
3 | (d) If any candidate who receives a public financing | ||||||
4 | benefit violates the
requirements of this Act, the candidate | ||||||
5 | will be subject to the penalties and
enforcement outlined in | ||||||
6 | Section 70. The State Board must deposit all repayments
| ||||||
7 | received under this subsection into the Illinois Supreme Court | ||||||
8 | Democracy Trust
Fund.
| ||||||
9 | Section 50. Public financing benefits. | ||||||
10 | (a) The State Board must provide to each eligible candidate | ||||||
11 | who qualifies to
receive a public financing benefit for the | ||||||
12 | primary or general election campaign
period separate lines of | ||||||
13 | credit for the primary and general election campaign
periods in | ||||||
14 | the amounts specified in this Section subject to any required
| ||||||
15 | adjustment under Sections 40, 55, 60, or 80. An eligible | ||||||
16 | candidate may use this
credit to finance any lawful | ||||||
17 | expenditures during the primary and general
election campaign | ||||||
18 | periods. An eligible candidate may not use this credit to
repay | ||||||
19 | any
loan in violation of this Act or any other applicable law.
| ||||||
20 | (b) The total public financing benefit available to | ||||||
21 | eligible candidates
for the primary and general elections shall | ||||||
22 | be $750,000, subject to adjustment
by subsection (e) of this | ||||||
23 | Section. Matching funds that become available due to
Section 55 | ||||||
24 | or Section 60 are not
counted toward the public financing | ||||||
25 | benefit. Eligible candidates may
decide the allocation of their | ||||||
26 | benefit between the primary election campaign
period and the | ||||||
27 | general election campaign period, provided that no candidate | ||||||
28 | may
allocate less than 20% or more than 80% during the primary | ||||||
29 | election campaign
period, nor may a candidate allocate more | ||||||
30 | then 80% during the general election
campaign period. Any | ||||||
31 | portion of the benefit allocated but unspent or
uncommitted for | ||||||
32 | expenses at the close of the primary election campaign period
| ||||||
33 | is forfeited and may not be spent during the general election | ||||||
34 | campaign period.
| ||||||
35 | (c) Instead of the public financing benefit in subsection |
| |||||||
| |||||||
1 | (b), an eligible
candidate
who is unopposed, other than by | ||||||
2 | write-in candidates, in a primary election
shall receive a | ||||||
3 | public financing allocation of $50,000 for the primary election
| ||||||
4 | campaign period.
| ||||||
5 | (d) Instead of the benefit in subsection (b), an eligible | ||||||
6 | candidate who is
unopposed,
other than by write-in candidates, | ||||||
7 | in a general election shall receive a public
financing | ||||||
8 | allocation of $75,000 for the general election campaign period.
| ||||||
9 | (e) An eligible candidate in a general election in which | ||||||
10 | there are no other
candidates whose names appear on the ballot | ||||||
11 | must receive a line of credit
of $75,000 for the election
| ||||||
12 | campaign period, beginning the day after the primary election | ||||||
13 | and ending 90
days after the general election.
| ||||||
14 | (f) Notwithstanding subsection (b), beginning on April 1, | ||||||
15 | 2007 and
every 2 years thereafter, the State Board must modify | ||||||
16 | the public financing
benefits provided for in subsection (b) to | ||||||
17 | adjust for the change in the
Consumer Price Index, All Items, | ||||||
18 | U. S. City Average, published by the United
States Department | ||||||
19 | of Labor for the preceding 2-year period ending on December
31.
| ||||||
20 | Section 55. Financial activity by non-participating | ||||||
21 | candidates. | ||||||
22 | (a) In addition to other reports required by law, a | ||||||
23 | non-participating
candidate
for the office of Judge of the | ||||||
24 | Supreme Court at the general primary election
or the general | ||||||
25 | election who receives contributions or makes or obligates to
| ||||||
26 | make expenditures in an amount more than 5% greater than the | ||||||
27 | public financing
benefit applicable to an eligible candidate | ||||||
28 | for the same office at the same
general primary election or | ||||||
29 | general election must file a report with the State
Board | ||||||
30 | itemizing the total contributions received and expenditures | ||||||
31 | made or
obligated to be made by the candidate as of the date of | ||||||
32 | the report. The State
Board must transmit copies of the report | ||||||
33 | to all candidates for the office of
Judge of the Supreme Court | ||||||
34 | at the same election. A non-participating
candidate must file | ||||||
35 | additional reports after the
candidate makes or obligates to |
| |||||||
| |||||||
1 | make each additional $1,000 of expenditures. If
the | ||||||
2 | contributions are received or the expenditures are made or | ||||||
3 | obligated to be
made more than 6 weeks before the date of the | ||||||
4 | general primary election or
general election at which
the name | ||||||
5 | of the candidate appears on the ballot, the reports must be | ||||||
6 | made at
the
next regular reporting interval under Section 25. | ||||||
7 | If the contributions are
received or the expenditures are made | ||||||
8 | or obligated to be made within 6 weeks
before
the date of the | ||||||
9 | general primary election or general election at which the name
| ||||||
10 | of the candidate
appears on the ballot, the reports must be | ||||||
11 | made within 24 hours after each
instance in which the | ||||||
12 | contributions are received or the expenditures are made
or | ||||||
13 | obligated to be made.
| ||||||
14 | (b) Upon receipt of the information, the State Board shall | ||||||
15 | immediately
notify all opposing eligible candidates. If a | ||||||
16 | non-participating candidate makes
expenditures or becomes | ||||||
17 | obligated to make expenditures that exceed the public
financing | ||||||
18 | benefit, an eligible candidate may request matching funds up to | ||||||
19 | the
amount by which the expenditures or obligations of the | ||||||
20 | non-participating
candidate exceed the public financing | ||||||
21 | benefit. If an eligible candidate
requests these matching | ||||||
22 | funds, the State Board shall immediately credit his or
her
| ||||||
23 | account with an additional line of credit equivalent to the | ||||||
24 | request, provided
that the sum total of matching funds credited | ||||||
25 | to the candidate in the primary
election campaign period and | ||||||
26 | the general election campaign period for
independent | ||||||
27 | expenditures,
electioneering communication expenses under | ||||||
28 | Section 60, and non-participating
expenses may not exceed the | ||||||
29 | value of the public financing benefit. Any matching
funds | ||||||
30 | requested but not spent or committed at the conclusion of the | ||||||
31 | primary
election campaign period are forfeited and may not be | ||||||
32 | spent during the general
election campaign period.
| ||||||
33 | Section 60. Independent expenditures and electioneering | ||||||
34 | communications. | ||||||
35 | (a) If any person makes, or becomes obligated to make, by |
| |||||||
| |||||||
1 | oral or written
agreement an independent expenditure and | ||||||
2 | electioneering communications in
excess of $1,000 with respect | ||||||
3 | to a
candidate for the office of Judge of the Supreme Court at | ||||||
4 | a general primary
or general election, that person must file | ||||||
5 | with the State Board a notice of
such expenditure or obligation | ||||||
6 | to make such an expenditure. Any such person
must
file reports | ||||||
7 | of the expenditures or obligations to make the expenditures on | ||||||
8 | the
15th or last day of the month that immediately follows the | ||||||
9 | date of the
expenditure or the obligation to make the | ||||||
10 | expenditure, whichever comes first,
except that, within 6 weeks | ||||||
11 | before the date of the general primary election or
general | ||||||
12 | election,
the person must file the reports within 24 hours | ||||||
13 | after each independent
expenditure is made or obligated to be | ||||||
14 | made. Any such person must file
additional reports after each | ||||||
15 | additional $1,000 of
expenditures are made or obligated to be | ||||||
16 | made.
| ||||||
17 | (b) When the aggregate of independent expenditures and | ||||||
18 | electioneering
communication expenditures against an eligible
| ||||||
19 | candidate for an office or for the opponents of that candidate | ||||||
20 | exceed 10% of
the public financing benefit for that office in | ||||||
21 | any campaign
an eligible candidate may request matching funds | ||||||
22 | of up to the amount of the
independent expenditure or | ||||||
23 | electioneering communication expense. If a candidate
requests | ||||||
24 | matching funds, the State Board must immediately credit that
| ||||||
25 | candidate's account with an
additional line of credit | ||||||
26 | equivalent to the amount requested, provided that the
sum total | ||||||
27 | of matching funds credited to the candidate in the primary | ||||||
28 | election
campaign period and the general election campaign | ||||||
29 | period for independent
expenditures, electioneering | ||||||
30 | communication expenses, and non-participating
expenses under | ||||||
31 | Section 55 may not exceed the value of the public financing
| ||||||
32 | benefit. Any matching funds requested but not spent or | ||||||
33 | committed at the
conclusion of the primary election campaign | ||||||
34 | period are forfeited and may not be
spent during the general | ||||||
35 | election campaign period.
|
| |||||||
| |||||||
1 | Section 65. Illinois Supreme Court Democracy Trust Fund. | ||||||
2 | (a) All moneys collected under Sections 40, 45, and 70 of | ||||||
3 | this Act shall be
deposited into the Illinois Supreme Court | ||||||
4 | Democracy Trust Fund, a special fund
created in the State | ||||||
5 | treasury, and, subject to appropriation, may be used by
the
| ||||||
6 | State Board of Elections for the purposes of this Act. The | ||||||
7 | State Treasurer, in
consultation with the State Board, must | ||||||
8 | contract with a debit card issuer to
permit eligible candidates | ||||||
9 | and their agents to draw upon moneys appropriated
from the Fund | ||||||
10 | through an account with the card issuer.
| ||||||
11 | (b) Upon a determination of a candidate's eligibility for a | ||||||
12 | public financing
benefit as provided for in subsection (a) of | ||||||
13 | Section 45, the State Treasurer
must issue to the eligible | ||||||
14 | candidate a debit card, known as the fair election
debit card, | ||||||
15 | entitling the candidate and agents of the candidate designated | ||||||
16 | by
the candidate to draw money from an account to make | ||||||
17 | expenditures on behalf of
the candidate.
| ||||||
18 | (c) No eligible candidate or agent of an eligible candidate | ||||||
19 | may make any
expenditure by any other means other than through | ||||||
20 | the use of the fair election
debit card. No such candidate or | ||||||
21 | agent may use a fair election debit card
to obtain cash, except | ||||||
22 | that cash amounts of $100 or less may be drawn on the
fair | ||||||
23 | election debit card and used to make
expenditures of no more | ||||||
24 | than $25 each. A candidate must maintain records of all
such
| ||||||
25 | expenditures and must report the expenditures to the State | ||||||
26 | Board in accordance
with Section 25.
| ||||||
27 | (d) The State Board of Elections may draw upon funds in the | ||||||
28 | Supreme Court Democracy Trust Fund to support the | ||||||
29 | administration of the public-financing program. These funds | ||||||
30 | may be used only to pay costs to the State Board that are | ||||||
31 | directly associated with the administration of the program, | ||||||
32 | including but not limited to, ensuring compliance with this Act | ||||||
33 | and promoting the income tax checkoff. These administrative | ||||||
34 | reimbursements shall be limited to 1% of the Fund balanced in | ||||||
35 | fiscal years when there is no Supreme Court seat on either a | ||||||
36 | primary or general election ballot or 5% of the Fund balance in |
| |||||||
| |||||||
1 | fiscal years when there is a Supreme Court seat on either a | ||||||
2 | primary or general election ballot.
| ||||||
3 | Section 70. Penalties; enforcement. | ||||||
4 | (a) If an eligible candidate makes expenditures that exceed | ||||||
5 | the public
financing benefit allocated to the candidate for any | ||||||
6 | campaign, the candidate
may be required to forfeit to the | ||||||
7 | Illinois Supreme Court Democracy Trust Fund
an amount equal to | ||||||
8 | not
more than 10 times and not less than 2 times the amount by | ||||||
9 | which the
expenditures exceeded the allocation.
| ||||||
10 | (b) Any eligible candidate who accepts contributions in | ||||||
11 | excess of any
limitation imposed under this Act may be required | ||||||
12 | to forfeit to the Illinois
Supreme Court Democracy
Trust Fund | ||||||
13 | an amount equal to not more than 10 times and not less than 2 | ||||||
14 | times
the amount by which the contributions exceed the | ||||||
15 | applicable limitation.
| ||||||
16 | (c) If the State Board finds that there is reasonable cause | ||||||
17 | to believe that
a candidate has made excess expenditures or has | ||||||
18 | accepted excess contributions
in violation of the Act, the | ||||||
19 | State Board must attempt for a period of
not more than 14 days | ||||||
20 | after its finding to correct the matter by informal
methods of | ||||||
21 | conference and conciliation and to enter into a settlement and
| ||||||
22 | conciliation agreement with the candidate involved. A | ||||||
23 | settlement and
conciliation agreement made under this | ||||||
24 | subsection is a public record. Unless
violated, a settlement | ||||||
25 | and conciliation agreement is a bar to any civil action
under | ||||||
26 | subsection (d).
| ||||||
27 | (d) If the State Board has reasonable cause to believe that | ||||||
28 | a candidate has
made excess expenditures or has accepted excess | ||||||
29 | contributions and the State
Board is unable to correct the | ||||||
30 | matter by informal methods within the time
prescribed in | ||||||
31 | subsection (c), the State Board must make a public finding of
| ||||||
32 | reasonable cause in the matter. After making a public finding, | ||||||
33 | the State Board
may bring an action in the circuit court to | ||||||
34 | impose a forfeiture under
subsection (a) or (b).
| ||||||
35 | (e) If an elector believes that a candidate has violated |
| |||||||
| |||||||
1 | this Act and
the elector is entitled to vote for or against the | ||||||
2 | candidate in the election in
connection with which the | ||||||
3 | violation is alleged to have occurred, the elector
may file a
| ||||||
4 | complaint with the State Board requesting it to take remedial | ||||||
5 | action. If the
State Board refuses to take remedial action or, | ||||||
6 | within 30 days after the filing
of a complaint, fails to take | ||||||
7 | remedial action, the elector may commence a
civil action in the | ||||||
8 | appropriate circuit court under subsection (d) requesting
the | ||||||
9 | court to impose a forfeiture under subsection (a) or (b).
| ||||||
10 | (f) The State Board and the circuit court must expedite all | ||||||
11 | proceedings
under this Section so that all complaints brought | ||||||
12 | prior to an election are
resolved, to the extent possible, | ||||||
13 | before the election is held.
| ||||||
14 | (g) If a complaint brought under this Section is resolved | ||||||
15 | against the
complainant and is found to have been brought in | ||||||
16 | bad faith and without
reasonable basis therefor, the circuit | ||||||
17 | court may assess costs,
including reasonable attorney fees, | ||||||
18 | against the complainant.
| ||||||
19 | Section 75. Prohibited acts. | ||||||
20 | (a) If an eligible candidate or agent of an eligible | ||||||
21 | candidate
knowingly accepts more
contributions than the | ||||||
22 | candidate is entitled to receive or makes expenditures
| ||||||
23 | exceeding the amount of the public financing benefit received | ||||||
24 | by the candidate,
the candidate or agent is guilty of a Class 3 | ||||||
25 | felony.
| ||||||
26 | (b) If a candidate who receives a public financing benefit, | ||||||
27 | or an agent of
that candidate, knowingly makes an expenditure | ||||||
28 | by means other than through
use
of the fair election debit | ||||||
29 | card, except as permitted under subsection (c) of
Section 65, | ||||||
30 | the candidate or agent is guilty of a Class 3 felony.
| ||||||
31 | (c) If, in connection with the receipt or expenditure of a | ||||||
32 | public financing
benefit for an election campaign, any person | ||||||
33 | knowingly provides false
information to the State Board, or | ||||||
34 | knowingly conceals or withholds information
from the State | ||||||
35 | Board, that person is guilty of a Class 3 felony.
|
| |||||||
| |||||||
1 | Section 85. Contributions into non-participating | ||||||
2 | candidates; attributions.
| ||||||
3 | A non-participating candidate may accept contributions from | ||||||
4 | private
sources in amounts no greater than $1,000 in the | ||||||
5 | aggregate, during the
prescribed campaign periods.
| ||||||
6 | Section 90. Deposits into Illinois Supreme Court Democracy | ||||||
7 | Trust Fund.
| ||||||
8 | (a) The
Department of Revenue shall transfer to the | ||||||
9 | Illinois Supreme Court Democracy
Trust Fund any amounts | ||||||
10 | contributed to the Illinois Supreme Court Democracy
Trust Fund | ||||||
11 | collected pursuant to Section 506.7 of the Illinois Income Tax | ||||||
12 | Act.
| ||||||
13 | (b) The Treasurer shall deposit into the Supreme Court | ||||||
14 | Democracy Trust Fund all amounts collected by the clerks of | ||||||
15 | courts under Section 27.10 of the Clerks of Courts Acts and | ||||||
16 | transferred to the Treasurer.
| ||||||
17 | Section 95. Attorneys-at-law contribution.
| ||||||
18 | The Supreme Court may, in its
discretion, require attorneys, | ||||||
19 | licensed to practice in Illinois, to make
monetary | ||||||
20 | contributions to the Illinois Supreme Court Democracy Trust | ||||||
21 | Fund not
to exceed $25 annually.
| ||||||
22 | Section 105. Voluntary contributions.
| ||||||
23 | Individuals and other entities may make direct voluntary | ||||||
24 | contributions
to the Illinois Supreme Court Democracy Trust | ||||||
25 | Fund. However, contributions may
not exceed $1,000 per
calendar | ||||||
26 | year.
| ||||||
27 | Section 110. Fund operational.
| ||||||
28 | The Illinois Supreme Court Democracy Trust
Fund
shall become | ||||||
29 | operational when the Fund has attained $5,000,000.
| ||||||
30 | Section 115. Severability.
|
| |||||||
| |||||||
1 | The provisions of this Act are severable. If any provision of | ||||||
2 | this Act
is held invalid by a court of competent jurisdiction, | ||||||
3 | the invalidity does not
affect other provisions of the Act that | ||||||
4 | can be given effect without the invalid
provision.
| ||||||
5 | Section 900. The Election Code is amended by changing
| ||||||
6 | Sections 9-1.5, 9-1.7, 9-1.8, and 9-10 as follows:
| ||||||
7 | (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5) | ||||||
8 | Sec. 9-1.5. Expenditure defined. | ||||||
9 | "Expenditure" means-
| ||||||
10 | (1) a payment, distribution, purchase, loan, advance, | ||||||
11 | deposit, or
gift of money or anything of value, in | ||||||
12 | connection with the nomination
for election, or election, | ||||||
13 | of any person to public office, in connection with
the | ||||||
14 | election of any person as ward or township committeeman in | ||||||
15 | counties of
3,000,000 or more population, or in
connection | ||||||
16 | with any question of public policy.
"Expenditure" also | ||||||
17 | includes a payment, distribution, purchase, loan,
advance, | ||||||
18 | deposit, or gift of
money or anything of value that | ||||||
19 | constitutes an electioneering communication
regardless of | ||||||
20 | whether the communication is made in concert or cooperation | ||||||
21 | with
or at the request, suggestion, or knowledge of the | ||||||
22 | candidate, the candidate's
authorized
local political | ||||||
23 | committee, a State political committee, or any of their
| ||||||
24 | agents.
However, expenditure does not
include -
| ||||||
25 | (a) the use of real or personal property and the cost | ||||||
26 | of invitations,
food,
and beverages, voluntarily provided | ||||||
27 | by an individual in rendering voluntary
personal services | ||||||
28 | on the individual's
residential premises for | ||||||
29 | candidate-related activities; provided the value
of the | ||||||
30 | service provided does not exceed an aggregate of $150 in a | ||||||
31 | reporting
period;
| ||||||
32 | (b) the sale of any food or beverage by a vendor for | ||||||
33 | use in a candidate's
campaign at a charge less than the | ||||||
34 | normal comparable charge, if such charge
for use in a |
| |||||||
| |||||||
1 | candidate's
campaign is at least equal to the cost of such | ||||||
2 | food or beverage to the vendor.
| ||||||
3 | (2) a transfer of funds between political committees.
| ||||||
4 | (3) a payment for electioneering communications.
| ||||||
5 | (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03.)
| ||||||
6 | (10 ILCS 5/9-1.7) (from Ch. 46, par. 9-1.7)
| ||||||
7 | Sec. 9-1.7. "Local political committee" means the | ||||||
8 | candidate himself or any
individual, trust, partnership, | ||||||
9 | committee, association, corporation, or
other organization or | ||||||
10 | group of persons that
which :
| ||||||
11 | (a) accepts contributions or grants or makes | ||||||
12 | expenditures during any
12-month period in an aggregate | ||||||
13 | amount exceeding $3,000 on behalf of or in
opposition to a | ||||||
14 | candidate or candidates for public office who are required
| ||||||
15 | by the Illinois Governmental Ethics Act to file statements | ||||||
16 | of economic
interests with the county clerk,
or on behalf | ||||||
17 | of or in opposition to a candidate or candidates for | ||||||
18 | election to
the office of ward or township committeeman in | ||||||
19 | counties of 3,000,000 or more
population;
| ||||||
20 | (b) accepts contributions or makes expenditures during | ||||||
21 | any 12-month
period in an aggregate amount exceeding $3,000 | ||||||
22 | in support of or in
opposition to any question of public | ||||||
23 | policy to be submitted to the electors
of an area | ||||||
24 | encompassing no more than one county; or
| ||||||
25 | (c) accepts contributions or makes expenditures during | ||||||
26 | any 12-month
period in an aggregate amount exceeding $3,000 | ||||||
27 | and has as its primary
purpose the furtherance of | ||||||
28 | governmental, political or social values, is
organized on a | ||||||
29 | not-for-profit basis, and which publicly endorses or
| ||||||
30 | publicly opposes a candidate or candidates for public | ||||||
31 | office who are
required by the Illinois Governmental Ethics | ||||||
32 | Act to file statements of
economic interest with the County | ||||||
33 | Clerk or a candidate or candidates for the
office of ward | ||||||
34 | or township committeeman in counties of 3,000,000 or more
| ||||||
35 | population ; or
|
| |||||||
| |||||||
1 | (d) accepts contributions or makes expenditures during | ||||||
2 | any 12-month
period
in an aggregate amount exceeding $3,000 | ||||||
3 | for the purpose of electioneering
communications .
| ||||||
4 | (Source: P.A. 90-737, eff. 1-1-99; 91-357, eff. 7-29-99.)
| ||||||
5 | (10 ILCS 5/9-1.8) (from Ch. 46, par. 9-1.8)
| ||||||
6 | Sec. 9-1.8.
"State political committee" means the | ||||||
7 | candidate himself or any
individual, trust, partnership, | ||||||
8 | committee, association, corporation, or
any other organization | ||||||
9 | or group of persons that
which--
| ||||||
10 | (a) accepts contributions or grants or makes expenditures | ||||||
11 | during any
12-month period in an aggregate amount exceeding | ||||||
12 | $3,000 on behalf of or
in opposition to a candidate or | ||||||
13 | candidates for public office who are
required by the Illinois | ||||||
14 | Governmental Ethics Act to file statements of
economic | ||||||
15 | interests with the Secretary of State,
| ||||||
16 | (b) accepts contributions or makes expenditures during any | ||||||
17 | 12-month
period in an aggregate amount exceeding $3,000 in | ||||||
18 | support of or in
opposition to any question of public policy to | ||||||
19 | be submitted to the
electors of an area encompassing more than | ||||||
20 | one county, or
| ||||||
21 | (c) accepts contributions or makes expenditures during any | ||||||
22 | 12-month
period in an aggregate amount exceeding $3,000 and has | ||||||
23 | as its primary purpose
the
furtherance of governmental, | ||||||
24 | political or social values, is organized on
a not-for-profit | ||||||
25 | basis, and which publicly endorses or publicly opposes
a | ||||||
26 | candidate or candidates for public office who are required by | ||||||
27 | the
Illinois Governmental Ethics Act to file statements of | ||||||
28 | economic interest
with the Secretary of State , or
| ||||||
29 | (d) accepts contributions or makes expenditures during any | ||||||
30 | 12-month period
in an aggregate amount exceeding $3,000 for the | ||||||
31 | purpose of electioneering
communications .
| ||||||
32 | (Source: P.A. 90-737, eff. 1-1-99.)
| ||||||
33 | (10 ILCS 5/9-10) (from Ch. 46, par. 9-10) | ||||||
34 | Sec. 9-10. Financial reports.
|
| |||||||
| |||||||
1 | (a) The treasurer of every state political committee and | ||||||
2 | the
treasurer of every local political committee shall file | ||||||
3 | with the
Board, and the treasurer of every local political | ||||||
4 | committee shall file
with the county clerk, reports of campaign | ||||||
5 | contributions, and semi-annual
reports of campaign | ||||||
6 | contributions and expenditures on forms to be
prescribed or | ||||||
7 | approved by the State Board. The treasurer of every political
| ||||||
8 | committee that acts as both a state political committee and a | ||||||
9 | local
political committee shall file a copy of each report with | ||||||
10 | the State Board
of Elections and the county clerk.
Entities | ||||||
11 | subject to Section 9-7.5 shall file reports required by
that | ||||||
12 | Section at times
provided in this Section and are subject to | ||||||
13 | the penalties provided in this
Section.
| ||||||
14 | (b) Reports of campaign contributions shall be filed no | ||||||
15 | later than the
15th day next preceding each election including | ||||||
16 | a primary election in
connection with which the political | ||||||
17 | committee has accepted or is
accepting contributions or has | ||||||
18 | made or is making expenditures. Such
reports shall be complete | ||||||
19 | as of the 30th day next preceding each election
including a | ||||||
20 | primary election. The State Board shall assess a civil penalty | ||||||
21 | not to
exceed $5,000 for a violation of this subsection, except | ||||||
22 | that for State
officers and candidates
and political
committees | ||||||
23 | formed for statewide office, the civil
penalty may not exceed | ||||||
24 | $10,000.
The fine, however, shall not exceed $500 for a
first | ||||||
25 | filing violation for filing less than 10 days after the | ||||||
26 | deadline.
There shall be no fine if the report is mailed and | ||||||
27 | postmarked at least 72 hours
prior to the filing deadline.
For | ||||||
28 | the purpose of this subsection, "statewide
office" and "State | ||||||
29 | officer" means the Governor, Lieutenant Governor, Attorney
| ||||||
30 | General,
Secretary of State,
Comptroller, and Treasurer. | ||||||
31 | However, a
continuing political committee that neither accepts | ||||||
32 | contributions nor makes
expenditures on behalf of or in | ||||||
33 | opposition to any candidate or public
question on the ballot at | ||||||
34 | an election shall not be required to file the
reports | ||||||
35 | heretofore prescribed but may file in lieu thereof a Statement | ||||||
36 | of
Nonparticipation in the Election with the State Board or the |
| |||||||
| |||||||
1 | State Board and the county
clerk.
| ||||||
2 | (b-5) Notwithstanding the provisions of subsection (b) and
| ||||||
3 | Section 1.25 of the Statute on Statutes, any contribution
of | ||||||
4 | more than $500 received in the interim between the last date
of | ||||||
5 | the period
covered by the last report filed under subsection | ||||||
6 | (b) prior to the election and
the date of the election shall be | ||||||
7 | filed with and must actually be received by
the State Board of | ||||||
8 | Elections within 2 business days after
receipt of such | ||||||
9 | contribution.
The State Board shall allow filings of reports of | ||||||
10 | contributions of more than
$500 under this subsection (b-5) by | ||||||
11 | political committees that are not
required to file | ||||||
12 | electronically to be made by
facsimile transmission.
For the | ||||||
13 | purpose of this subsection, a contribution is considered
| ||||||
14 | received on the date the public official, candidate, or | ||||||
15 | political committee (or
equivalent person
in the case of a
| ||||||
16 | reporting entity other than a political committee) actually | ||||||
17 | receives it or, in
the case of goods or services, 2 business | ||||||
18 | days after the date the public
official,
candidate, committee,
| ||||||
19 | or other reporting entity receives the certification required | ||||||
20 | under subsection
(b) of Section 9-6.
Failure to report
each | ||||||
21 | contribution is a separate violation of this subsection. In the | ||||||
22 | final
disposition of any matter by the Board on or after the | ||||||
23 | effective date of this
amendatory Act of the 93rd General | ||||||
24 | Assembly, the State Board
may
impose fines for violations of | ||||||
25 | this subsection not to exceed 100% of the
total
amount of the | ||||||
26 | contributions that were untimely reported, but in no case when | ||||||
27 | a
fine is imposed shall it be less
than 10% of the total amount | ||||||
28 | of the contributions that were untimely
reported.
When | ||||||
29 | considering the amount of the fine to be imposed, the Board | ||||||
30 | shall
consider, but is not limited to, the following factors:
| ||||||
31 | (1) whether in the Board's opinion the violation was | ||||||
32 | committed
inadvertently,
negligently, knowingly, or | ||||||
33 | intentionally;
| ||||||
34 | (2) the number of days the contribution was reported | ||||||
35 | late; and
| ||||||
36 | (3) past violations of Sections 9-3 and 9-10 of this |
| |||||||
| |||||||
1 | Article by the
committee.
| ||||||
2 | Notwithstanding paragraphs (1), (2), and (3), if the committee | ||||||
3 | failed to report
expenditures that could trigger matching funds | ||||||
4 | under the Supreme Court Campaign
Reform Act, then the State | ||||||
5 | Board may assess a fine for each violation not to exceed
| ||||||
6 | $10,000 plus the value of the unreported expense.
| ||||||
7 | (c) In addition to such reports the treasurer of every | ||||||
8 | political
committee shall file semi-annual reports of campaign | ||||||
9 | contributions and
expenditures no later than July 31st, | ||||||
10 | covering the period from January 1st
through June 30th | ||||||
11 | immediately preceding, and no later than January 31st,
covering | ||||||
12 | the period from July 1st through December 31st of the preceding
| ||||||
13 | calendar year. Reports of contributions and expenditures must | ||||||
14 | be filed to
cover the prescribed time periods even though no | ||||||
15 | contributions or
expenditures may have been received or made | ||||||
16 | during the period.
The State Board shall assess a civil penalty | ||||||
17 | not to exceed $5,000 for a violation
of this subsection, except | ||||||
18 | that for State officers and candidates
and political
committees | ||||||
19 | formed for statewide office, the civil
penalty may not exceed | ||||||
20 | $10,000.
The fine, however, shall not exceed $500 for a
first | ||||||
21 | filing violation for filing less than 10 days after the | ||||||
22 | deadline.
There shall be no fine if the report is mailed and | ||||||
23 | postmarked at least 72 hours
prior to the filing deadline.
For | ||||||
24 | the purpose of this subsection, "statewide
office" and "State | ||||||
25 | officer"
means the Governor, Lieutenant Governor, Attorney | ||||||
26 | General, Secretary
of State,
Comptroller, and Treasurer.
| ||||||
27 | (c-5) A political committee that acts as either (i) a State | ||||||
28 | and local
political committee or (ii) a local political | ||||||
29 | committee and that files reports
electronically under Section | ||||||
30 | 9-28 is not required to file copies of the reports
with the | ||||||
31 | appropriate county clerk if the county clerk has a system that
| ||||||
32 | permits access to, and duplication of, reports that are filed | ||||||
33 | with the State
Board of Elections. A State and local political | ||||||
34 | committee or
a local political committee shall file with the | ||||||
35 | county clerk a copy of its
statement of organization pursuant | ||||||
36 | to Section 9-3.
|
| |||||||
| |||||||
1 | (d) A copy of each report or statement filed under this | ||||||
2 | Article
shall be
preserved by the person filing it for a period | ||||||
3 | of two years from the
date of filing.
| ||||||
4 | (Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; | ||||||
5 | revised 12-17-03.)
| ||||||
6 | Section 905. The State Finance Act is amended by adding | ||||||
7 | Section
5.625 as follows:
| ||||||
8 | (30 ILCS 105/5.625 new)
| ||||||
9 | Sec. 5.625. The Illinois Supreme Court Democracy Trust | ||||||
10 | Fund.
| ||||||
11 | Section 910. The Illinois Income Tax Act is amended by | ||||||
12 | adding Section 506.7
as follows:
| ||||||
13 | (35 ILCS 5/506.7 new)
| ||||||
14 | Sec. 506.7. Designation of tax to Illinois Supreme Court | ||||||
15 | Democracy Trust
Fund. The Department shall print on its | ||||||
16 | standard individual income tax form a
provision indicating that | ||||||
17 | if the taxpayer wishes to contribute to the Illinois
Supreme | ||||||
18 | Court Democracy Trust Fund, as authorized by this amendatory | ||||||
19 | Act of the
93rd General Assembly, he or she may do so by | ||||||
20 | stating the amount of the
contribution (not less than $1) on | ||||||
21 | the return and that the contribution will
reduce the taxpayer's | ||||||
22 | refund or increase the amount of payment to accompany the
| ||||||
23 | return. Failure to remit any amount of the increased payment | ||||||
24 | shall reduce the
contribution accordingly. This Section does | ||||||
25 | not apply to any amended return.
This tax checkoff applies to | ||||||
26 | income tax forms for taxable years 2003 and
thereafter.
| ||||||
27 | Section 915. The Clerks of Courts Act is amended by adding | ||||||
28 | Section 27.10 as follows: | ||||||
29 | (705 ILCS 105/27.10 new)
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30 | Sec. 27.10. Supreme Court Democracy Trust Fund. The clerk |
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1 | shall transfer $1 from each appearance fee paid in accordance | ||||||
2 | with Section 27.1, 27.1a, 27.2, or 27.2a to the State Treasurer | ||||||
3 | for deposit into the Supreme Court Democracy Trust Fund. To | ||||||
4 | defray that expense, the county board may, by resolution, | ||||||
5 | require the clerk of the circuit court in the county to charge | ||||||
6 | and collect a Supreme Court Democracy Trust Fund fee of not | ||||||
7 | more than $1, which shall be paid at the time that any | ||||||
8 | appearance fee is paid. The fee shall be collected in the | ||||||
9 | manner in which all other fees or costs are collected.
Each | ||||||
10 | clerk shall commence the charges and collection upon receipt of | ||||||
11 | written notice from the chairman of the county board together | ||||||
12 | with a certified copy of the board's resolution. The clerk | ||||||
13 | shall file the resolution of record in his or her office.
The | ||||||
14 | fee shall be in addition to all other fees and charges of the | ||||||
15 | clerks shall be assessable as costs, and may be waived only if | ||||||
16 | the judge specifically provides for the waiver of the Supreme | ||||||
17 | Court Democracy Trust Fund fee. The fees shall be remitted | ||||||
18 | monthly by the clerk for deposit into the Supreme Court | ||||||
19 | Democracy Trust Fund.
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20 | Section 999. Effective date. This Act takes effect upon | ||||||
21 | becoming law.
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