SB1955eng 94TH GENERAL ASSEMBLY

SB1955 Engrossed LRB094 11508 BDD 42467 b

AN ACT concerning judicial elections.

Be it enacted by the People of the State of Illinois,represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Supreme Court Campaign Reform Act.

Section 5. Definitions.

In this Act:

"Allowable contribution" means a qualifying contribution, a seed money contribution, or a personal contribution authorized by this Act.

"Candidate" means any person seeking election to the office of Judge of the Illinois Supreme Court.

"Campaign" includes the primary election campaign period and the general election campaign period.

"General election campaign period" means the period beginning on the day after the general primary election and ending on the day of the general election.

"Electioneering communication expenditure" means an expenditure for any broadcast, cable, or satellite communication, that refers to a clearly identified candidate for Supreme Court, that is made within 60 days before a general election or 30 days before a general primary election, and that is broadcast to voters in the district where the candidate is on the ballot. "Electioneering communication" does not mean a communication appearing in a news story, commentary, or editorial included in the course of regularly scheduled news coverage or a communication that constitutes a candidate debate or forum.

"Eligible candidate" means a candidate for the office of Judge of the Supreme Court who qualifies for public financing by collecting the required number of qualifying contributions, making all required reports and disclosures, and being certified by the State Board as being in compliance with this Act.

"Excess expenditure amount" means the amount of expenditures made by a non-participating candidate in excess of the public financing benefit available to an eligible candidate for the same office that the non-participating candidate seeks.

"Excess qualifying contribution amount" means the amount of qualifying contributions accepted by a candidate beyond the number or dollar amount of contributions required to qualify a candidate for a public financing benefit.

"Exploratory period" means the period that begins one year prior to the general primary election date and ends on the day before the beginning of the primary election campaign period for Judges of the Supreme Court.

"Fair election debit card" means a debit card issued by the State Treasurer in accordance with Section 65 entitling a candidate and agents of the candidate designated by the candidate to draw money from an account maintained by the State Treasurer to make expenditures authorized by law.

"Immediate family", when used with reference to a candidate, includes the candidate's spouse, parents, and children.

"Independent expenditure" means an expenditure by a person expressly advocating the election or defeat of a clearly identified candidate that is made without cooperation or consultation with a candidate, or any political committee or agent of a candidate, and that is not made in concert with, or at the request or suggestion of, any candidate or any political committee or agent of a candidate.

"Non-participating candidate" means a candidate for the office of Judge of the Supreme Court who does not apply for a public financing benefit or who otherwise is ineligible or fails to qualify for a public financing benefit under this Act.

"Personal funds" means funds contributed by a candidate or a member of a candidate's immediate family.

"Primary election campaign period" means the period beginning 30 days after the last day prescribed by law for filing nomination papers and ending on the day of the general primary election.

"Public financing qualifying period" means the period beginning on the first day of July of an odd-numbered year and ending on the day before the beginning of the primary election campaign period for the office of Judge of the Supreme Court.

"Qualifying contribution" means a contribution between $5 and $25 to a candidate made by a resident, at least 18 years old, of the district in which the candidate seeks office and made during the public financing qualifying period that is acknowledged by written receipt identifying the contributor. An individual may make only one qualifying contribution per candidate.

"Qualifying report" is a list of all individual qualifying contributions.

"Seed money contribution" means a contribution in an amount of not more than $100 made to a candidate for the office of Judge of the Supreme Court during the exploratory period or the public financing qualifying period or a contribution made to a candidate consisting of personal funds of that candidate in an amount not more than the amount authorized under Section 30 during the exploratory period or the public financing qualifying period.

"State Board" means the State Board of Elections.

"Supreme Court Democracy Trust Fund" means a special fund created in the State treasury and to be used, subject to appropriation, by the State Board of Elections for the funding of campaigns for participating Supreme Court candidates.

Section 10. Qualification; certification.

(a) Before a candidate for nomination for election to the office of Judge of the Supreme Court in the general primary election may be certified as an eligible candidate to receive a public financing benefit for the primary election campaign period, the candidate must apply to the State Board for a public financing benefit and file a sworn statement that the candidate has complied and will comply with all requirements of this Act throughout the applicable campaign, including the general primary election and the general election. A candidate must file the application and statement no later than the beginning of the primary election campaign period for the office of Judge of the Supreme Court.

(b) A candidate shall be certified by the State Board as an eligible candidate for receipt of public financing for a primary election if the candidate complies with subsection (a) and receives a number of qualifying contributions at least equal to 0.15% of the number of ballots cast in the judicial district in the last gubernatorial election from individual qualifying contributors before the close of the public financing qualifying period. The State Board may require candidates to file lists of qualifying contributions in electronic format. If so required, the State Board shall either (i) provide, without charge, all software necessary to comply with this requirement or (ii) ensure that the necessary software is commonly available to the public at minimal cost.

(c) The State Board must verify a candidate's compliance with the requirements of subsection (b) by any verification and sampling techniques that the State Board considers appropriate.

(d) Each candidate must acknowledge each qualifying contribution by a receipt to the contributor that contains the contributor's name and home address. A candidate must file a qualifying report with the State Board of Elections.

(e) A qualifying contribution may be used only for the purpose of making an expenditure authorized by law.

Section 15. Time of application; general election.

(a) Before a candidate may be certified as eligible for receipt of public financing for a general election, the candidate must apply to the State Board and file a sworn statement that the candidate has fulfilled all the requirements of this Act during the primary election campaign period and will comply with the requirements of this Act during the general election campaign period. The application must be filed no later than the 7th day after the date of the general primary election.

(b) The State Board must certify a candidate as an eligible candidate for receipt of public financing for a general election campaign period if the candidate complies with subsection (a) and the candidate was an eligible candidate during the primary election campaign period.

Section 20. Agreement by candidate.

An eligible candidate who accepts a public financing benefit under this Act during the primary election campaign period must agree to comply with all requirements of this Act throughout the general election campaign period as a precondition to receipt of public financing. An eligible candidate who accepts a public financing benefit during a primary election campaign period may not elect to accept private contributions in violation of this Act during the corresponding general election campaign period.

Section 25. Requirements imposed upon eligible candidates.

(a) An eligible candidate may not accept private contributions other than seed money contributions and qualifying contributions.

(b) In addition to reports required to be filed under the Election Code, a candidate who receives a public financing benefit must furnish complete financial records, including records of seed money contributions, qualifying contributions, and expenditures on the last day of the month.

(c) In addition to adhering to requirements imposed under the Election Code, a candidate who receives a public financing benefit must maintain records of all contributions of at least $5 and not more than $100, including seed money contributions and qualifying contributions, that contain the full name of the contributor and the contributor's full home address.

(d) The failure to record or provide the information specified in subsection (c) disqualifies a contribution from counting as a qualifying contribution.

(e) No eligible candidate and no person acting on a candidate's behalf may deposit any contribution that is not recorded in accordance with subsection (c) in a candidate's campaign account.

(f) No eligible candidate may accept more than $25 in cash from any contributor.

Section 30. Personal funds of candidates.

(a) The personal funds of an eligible candidate contributed as seed money contributions may not exceed an aggregate amount of $10,000. This includes funds from the candidate's immediate family.

(b) No eligible candidate may make any expenditure derived from personal funds after the close of the public financing qualifying period.

(c) Eligible candidates may not loan personal funds to their campaign.

Section 35. Seed money contributions.

(a) An eligible candidate may accept seed money contributions from any individual or political committee before the end of the public financing qualifying period, provided the total contributions from one contributor, except personal funds and qualifying contributions otherwise permitted under this Act, do not exceed $100 and the aggregate contributions, including personal funds but not including qualifying contributions, do not exceed $30,000.

(b) An eligible candidate may make expenditures from seed money contributions only during the exploratory period and the public financing qualifying period.

Section 40. Excess contributions.

An amount equivalent to the excess contributions must be deducted by the State Board from the candidate's public financing benefit. A candidate must return to the State Board all seed money and personal contributions, including in-kind contributions, that exceed the limits prescribed in Section 35 within 48 hours after the end of the exploratory period. The State Board must deposit all contributions returned under this Section into the Illinois Supreme Court Democracy Trust Fund.

Section 45. Certification by candidate; line of credit.

(a) To apply for a public financing benefit, a candidate must certify to the State Board that the candidate has complied and will comply, throughout the applicable campaign, with all requirements of this Act and that all disclosures required at the time of application have been made. The candidate must present evidence of the requisite number of qualifying contributions received by the candidate. The candidate's request for certification must be signed by the candidate and the treasurer of the candidate's political committee.

(b) The State Board must distribute to each eligible candidate at the general primary election a line of credit for public financing promptly after the candidate demonstrates his or her eligibility and, in any event, not later than 5 days after the end of the public financing qualifying period; provided, however, that no candidate may use a line of credit distributed under this subsection until the beginning of the primary election campaign period.

(c) The State Board must distribute to each eligible candidate for Judge of the Supreme Court in the general election a line of credit for public financing not later than the earlier of (i) 48 hours after the official canvass and proclamation under Section 22-7 of the Election Code or (ii) 21 days after the date of the general primary election for the office of Judge of the Supreme Court. No candidate for Judge of the Supreme Court may receive a line of credit until all candidates for Judge of the Supreme Court who apply and qualify for a public financing benefit have been certified as eligible candidates.

(d) If any candidate who receives a public financing benefit violates the requirements of this Act, the candidate will be subject to the penalties and enforcement outlined in Section 70. The State Board must deposit all repayments received under this subsection into the Illinois Supreme Court Democracy Trust Fund.

Section 50. Public financing benefits.

(a) The State Board must provide to each eligible candidate who qualifies to receive a public financing benefit for the primary or general election campaign period separate lines of credit for the primary and general election campaign periods in the amounts specified in this Section subject to any required adjustment under Sections 40, 55, 60, or 80. An eligible candidate may use this credit to finance any lawful expenditures during the primary and general election campaign periods. An eligible candidate may not use this credit to repay any loan in violation of this Act or any other applicable law.

(b) The total public financing benefit available to eligible candidates for the primary and general elections shall be $750,000, subject to adjustment by subsection (e) of this Section. Matching funds that become available due to Section 55 or Section 60 are not counted toward the public financing benefit. Eligible candidates may decide the allocation of their benefit between the primary election campaign period and the general election campaign period, provided that no candidate may allocate less than 20% or more than 80% during the primary election campaign period, nor may a candidate allocate more than 80% during the general election campaign period. Any portion of the benefit allocated but unspent or uncommitted for expenses at the close of the primary election campaign period is forfeited and may not be spent during the general election campaign period.

(c) Instead of the public financing benefit in subsection (b), an eligible candidate who is unopposed, other than by write-in candidates, in a primary election shall receive a public financing allocation of $50,000 for the primary election campaign period.

(d) Instead of the benefit in subsection (b), an eligible candidate who is unopposed, other than by write-in candidates, in a general election shall receive a public financing allocation of $75,000 for the general election campaign period.

(e) An eligible candidate in a general election in which there are no other candidates whose names appear on the ballot must receive a line of credit of $75,000 for the election campaign period, beginning the day after the primary election and ending 90 days after the general election.

(f) Notwithstanding subsection (b), beginning on April 1, 2007 and every 2 years thereafter, the State Board must modify the public financing benefits provided for in subsection (b) to adjust for the change in the Consumer Price Index, All Items, U. S. City Average, published by the United States Department of Labor for the preceding 2-year period ending on December 31.

Section 55. Financial activity by non-participating candidates.

(a) In addition to other reports required by law, a non-participating candidate for the office of Judge of the Supreme Court at the general primary election or the general election who receives contributions or makes or obligates to make expenditures in an amount more than 5% greater than the public financing benefit applicable to an eligible candidate for the same office at the same general primary election or general election must file a report with the State Board itemizing the total contributions received and expenditures made or obligated to be made by the candidate as of the date of the report. The State Board must transmit copies of the report to all candidates for the office of Judge of the Supreme Court at the same election. A non-participating candidate must file additional reports after the candidate makes or obligates to make each additional $1,000 of expenditures. If the contributions are received or the expenditures are made or obligated to be made more than 6 weeks before the date of the general primary election or general election at which the name of the candidate appears on the ballot, the reports must be made at the next regular reporting interval under Section 25. If the contributions are received or the expenditures are made or obligated to be made within 6 weeks before the date of the general primary election or general election at which the name of the candidate appears on the ballot, the reports must be made within 24 hours after each instance in which the contributions are received or the expenditures are made or obligated to be made.

(b) Upon receipt of the information, the State Board shall immediately notify all opposing eligible candidates. If a non-participating candidate makes expenditures or becomes obligated to make expenditures that exceed the public financing benefit, an eligible candidate may request matching funds up to the amount by which the expenditures or obligations of the non-participating candidate exceed the public financing benefit. If an eligible candidate requests these matching funds, the State Board shall immediately credit his or her account with an additional line of credit equivalent to the request, provided that the sum total of matching funds credited to the candidate in the primary election campaign period and the general election campaign period for independent expenditures, electioneering communication expenses under Section 60, and non-participating expenses may not exceed the value of the public financing benefit. Any matching funds requested but not spent or committed at the conclusion of the primary election campaign period are forfeited and may not be spent during the general election campaign period.

Section 60. Independent expenditures and electioneering communications.

(a) If any person makes, or becomes obligated to make, by oral or written agreement an independent expenditure and electioneering communications in excess of $1,000 with respect to a candidate for the office of Judge of the Supreme Court at a general primary or general election, that person must file with the State Board a notice of such expenditure or obligation to make such an expenditure. Any such person must file reports of the expenditures or obligations to make the expenditures on the 15th or last day of the month that immediately follows the date of the expenditure or the obligation to make the expenditure, whichever comes first, except that, within 6 weeks before the date of the general primary election or general election, the person must file the reports within 24 hours after each independent expenditure is made or obligated to be made. Any such person must file additional reports after each additional $1,000 of expenditures are made or obligated to be made.

(b) When the aggregate of independent expenditures and electioneering communication expenditures against an eligible candidate for an office or for the opponents of that candidate exceed 10% of the public financing benefit for that office in any campaign an eligible candidate may request matching funds of up to the amount of the independent expenditure or electioneering communication expense. If a candidate requests matching funds, the State Board must immediately credit that candidate's account with an additional line of credit equivalent to the amount requested, provided that the sum total of matching funds credited to the candidate in the primary election campaign period and the general election campaign period for independent expenditures, electioneering communication expenses, and non-participating expenses under Section 55 may not exceed the value of the public financing benefit. Any matching funds requested but not spent or committed at the conclusion of the primary election campaign period are forfeited and may not be spent during the general election campaign period.

Section 65. Illinois Supreme Court Democracy Trust Fund.

(a) All moneys collected under Sections 40, 45, and 70 of this Act shall be deposited into the Illinois Supreme Court Democracy Trust Fund, a special fund created in the State treasury, and, subject to appropriation, may be used by the State Board of Elections for the purposes of this Act. The State Treasurer, in consultation with the State Board, must contract with a debit card issuer to permit eligible candidates and their agents to draw upon moneys appropriated from the Fund through an account with the card issuer.

(b) Upon a determination of a candidate's eligibility for a public financing benefit as provided for in subsection (a) of Section 45, the State Treasurer must issue to the eligible candidate a debit card, known as the fair election debit card, entitling the candidate and agents of the candidate designated by the candidate to draw money from an account to make expenditures on behalf of the candidate.

(c) No eligible candidate or agent of an eligible candidate may make any expenditure by any other means other than through the use of the fair election debit card. No such candidate or agent may use a fair election debit card to obtain cash, except that cash amounts of $100 or less may be drawn on the fair election debit card and used to make expenditures of no more than $25 each. A candidate must maintain records of all such expenditures and must report the expenditures to the State Board in accordance with Section 25.

(d) The State Board of Elections may draw upon funds in the Supreme Court Democracy Trust Fund to support the administration of the public-financing program. These funds may be used only to pay costs to the State Board that are directly associated with the administration of the program, including but not limited to, ensuring compliance with this Act and promoting the income tax checkoff. These administrative reimbursements shall be limited to 1% of the Fund balance in fiscal years when there is no Supreme Court seat on either a primary or general election ballot or 5% of the Fund balance in fiscal years when there is a Supreme Court seat on either a primary or general election ballot.

Section 70. Penalties; enforcement.

(a) If an eligible candidate makes expenditures that exceed the public financing benefit allocated to the candidate for any campaign, the candidate may be required to forfeit to the Illinois Supreme Court Democracy Trust Fund an amount equal to not more than 10 times and not less than 2 times the amount by which the expenditures exceeded the allocation.

(b) Any eligible candidate who accepts contributions in excess of any limitation imposed under this Act may be required to forfeit to the Illinois Supreme Court Democracy Trust Fund an amount equal to not more than 10 times and not less than 2 times the amount by which the contributions exceed the applicable limitation.

(c) If the State Board finds that there is reasonable cause to believe that a candidate has made excess expenditures or has accepted excess contributions in violation of the Act, the State Board must attempt for a period of not more than 14 days after its finding to correct the matter by informal methods of conference and conciliation and to enter into a settlement and conciliation agreement with the candidate involved. A settlement and conciliation agreement made under this subsection is a public record. Unless violated, a settlement and conciliation agreement is a bar to any civil action under subsection (d).

(d) If the State Board has reasonable cause to believe that a candidate has made excess expenditures or has accepted excess contributions and the State Board is unable to correct the matter by informal methods within the time prescribed in subsection (c), the State Board must make a public finding of reasonable cause in the matter. After making a public finding, the State Board may bring an action in the circuit court to impose a forfeiture under subsection (a) or (b).

(e) If an elector believes that a candidate has violated this Act and the elector is entitled to vote for or against the candidate in the election in connection with which the violation is alleged to have occurred, the elector may file a complaint with the State Board requesting it to take remedial action. If the State Board refuses to take remedial action or, within 30 days after the filing of a complaint, fails to take remedial action, the elector may commence a civil action in the appropriate circuit court under subsection (d) requesting the court to impose a forfeiture under subsection (a) or (b).

(f) The State Board and the circuit court must expedite all proceedings under this Section so that all complaints brought prior to an election are resolved, to the extent possible, before the election is held.

(g) If a complaint brought under this Section is resolved against the complainant and is found to have been brought in bad faith and without reasonable basis therefor, the circuit court may assess costs, including reasonable attorney fees, against the complainant.

Section 75. Prohibited acts.

(a) If an eligible candidate or agent of an eligible candidate knowingly accepts more contributions than the candidate is entitled to receive or makes expenditures exceeding the amount of the public financing benefit received by the candidate, the candidate or agent is guilty of a Class 3 felony.

(b) If a candidate who receives a public financing benefit, or an agent of that candidate, knowingly makes an expenditure by means other than through use of the fair election debit card, except as permitted under subsection (c) of Section 65, the candidate or agent is guilty of a Class 3 felony.

(c) If, in connection with the receipt or expenditure of a public financing benefit for an election campaign, any person knowingly provides false information to the State Board, or knowingly conceals or withholds information from the State Board, that person is guilty of a Class 3 felony.

Section 85. Contributions into non-participating candidates; attributions.

A non-participating candidate may accept contributions from private sources in amounts no greater than $1,000 in the aggregate, during the prescribed campaign periods.

Section 90. Deposits into Illinois Supreme Court Democracy Trust Fund.

(a) The Department of Revenue shall transfer to the Illinois Supreme Court Democracy Trust Fund any amounts contributed to the Illinois Supreme Court Democracy Trust Fund collected pursuant to Section 506.7 of the Illinois Income Tax Act.

(b) The Treasurer shall deposit into the Supreme Court Democracy Trust Fund all amounts collected by the clerks of courts under Section 27.10 of the Clerks of Courts Acts and transferred to the Treasurer.

Section 105. Voluntary contributions. Individuals and other entities may make direct voluntary contributions to the Illinois Supreme Court Democracy Trust Fund. However, contributions may not exceed $1,000 per calendar year.

Section 110. Fund operational.

The Illinois Supreme Court Democracy Trust Fund shall become operational when the Fund has attained $5,000,000.

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

Section 900. The Election Code is amended by changing Sections 9-1.5, 9-1.7, 9-1.8, and 9-10 as follows:

(10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5)

Sec. 9-1.5. Expenditure defined.

"Expenditure" means-

(1) a payment, distribution, purchase, loan, advance, deposit, or gift of money or anything of value, in connection with the nomination for election, or election, of any person to public office, in connection with the election of any person as ward or township committeeman in counties of 3,000,000 or more population, or in connection with any question of public policy. "Expenditure" also includes a payment, distribution, purchase, loan, advance, deposit, or gift of money or anything of value that constitutes an electioneering communication regardless of whether the communication is made in concert or cooperation with or at the request, suggestion, or knowledge of a candidate, a candidate's authorized local political committee, a State political committee, a political committee in support of or opposition to a question of public policy, or any of their agents. However, expenditure does not include -

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

(b) the sale of any food or beverage by a vendor for use in a candidate's campaign at a charge less than the normal comparable charge, if such charge for use in a candidate's campaign is at least equal to the cost of such food or beverage to the vendor.

(2) a transfer of funds between political committees.

(3) a payment for electioneering communications.

(Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; 93-847, eff. 7-30-04.)

(10 ILCS 5/9-1.7) (from Ch. 46, par. 9-1.7)

Sec. 9-1.7. "Local political committee" means the candidate himself or any individual, trust, partnership, committee, association, corporation, or other organization or group of persons that which:

(a) accepts contributions or grants or makes expenditures during any 12-month period in an aggregate amount exceeding $3,000 on behalf of or in opposition to a candidate or candidates for public office who are required by the Illinois Governmental Ethics Act to file statements of economic interests with the county clerk, or on behalf of or in opposition to a candidate or candidates for election to the office of ward or township committeeman in counties of 3,000,000 or more population;

(b) accepts contributions or makes expenditures during any 12-month period in an aggregate amount exceeding $3,000 in support of or in opposition to any question of public policy to be submitted to the electors of an area encompassing no more than one county;

(c) accepts contributions or makes expenditures during any 12-month period in an aggregate amount exceeding $3,000 and has as its primary purpose the furtherance of governmental, political or social values, is organized on a not-for-profit basis, and which publicly endorses or publicly opposes a candidate or candidates for public office who are required by the Illinois Governmental Ethics Act to file statements of economic interest with the County Clerk or a candidate or candidates for the office of ward or township committeeman in counties of 3,000,000 or more population; or

(d) accepts contributions or makes expenditures during any 12-month period in an aggregate amount exceeding $3,000 for electioneering communications relating to any candidate or candidates described in paragraph (a) or any question of public policy described in paragraph (b).

(Source: P.A. 93-847, eff. 7-30-04.)

(10 ILCS 5/9-1.8) (from Ch. 46, par. 9-1.8)

Sec. 9-1.8. "State political committee" means the candidate himself or any individual, trust, partnership, committee, association, corporation, or any other organization or group of persons that: which--

(a) accepts contributions or grants or makes expenditures during any 12-month period in an aggregate amount exceeding $3,000 on behalf of or in opposition to a candidate or candidates for public office who are required by the Illinois Governmental Ethics Act to file statements of economic interests with the Secretary of State,

(b) accepts contributions or makes expenditures during any 12-month period in an aggregate amount exceeding $3,000 in support of or in opposition to any question of public policy to be submitted to the electors of an area encompassing more than one county,

(c) accepts contributions or makes expenditures during any 12-month period in an aggregate amount exceeding $3,000 and has as its primary purpose the furtherance of governmental, political or social values, is organized on a not-for-profit basis, and which publicly endorses or publicly opposes a candidate or candidates for public office who are required by the Illinois Governmental Ethics Act to file statements of economic interest with the Secretary of State, or

(d) accepts contributions or makes expenditures during any 12-month period in an aggregate amount exceeding $3,000 for electioneering communications relating to any candidate or candidates described in paragraph (a) or any question of public policy described in paragraph (b).

(Source: P.A. 93-847, eff. 7-30-04.)

(10 ILCS 5/9-10) (from Ch. 46, par. 9-10)

Sec. 9-10. Financial reports.

(a) The treasurer of every state political committee and the treasurer of every local political committee shall file with the Board, and the treasurer of every local political committee shall file with the county clerk, reports of campaign contributions, and semi-annual reports of campaign contributions and expenditures on forms to be prescribed or approved by the State Board. The treasurer of every political committee that acts as both a state political committee and a local political committee shall file a copy of each report with the State Board of Elections and the county clerk. Entities subject to Section 9-7.5 shall file reports required by that Section at times provided in this Section and are subject to the penalties provided in this Section.

(b) Reports of campaign contributions shall be filed no later than the 15th day next preceding each election including a primary election in connection with which the political committee has accepted or is accepting contributions or has made or is making expenditures. Such reports shall be complete as of the 30th day next preceding each election including a primary election. The State Board shall assess a civil penalty not to exceed $5,000 for a violation of this subsection, except that for State officers and candidates and political committees formed for statewide office, the civil penalty may not exceed $10,000. The fine, however, shall not exceed $500 for a first filing violation for filing less than 10 days after the deadline. There shall be no fine if the report is mailed and postmarked at least 72 hours prior to the filing deadline. For the purpose of this subsection, "statewide office" and "State officer" means the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer. However, a continuing political committee that neither accepts contributions nor makes expenditures on behalf of or in opposition to any candidate or public question on the ballot at an election shall not be required to file the reports heretofore prescribed but may file in lieu thereof a Statement of Nonparticipation in the Election with the State Board or the State Board and the county clerk.

(b-5) Notwithstanding the provisions of subsection (b) and Section 1.25 of the Statute on Statutes, any contribution of more than $500 received in the interim between the last date of the period covered by the last report filed under subsection (b) prior to the election and the date of the election shall be filed with and must actually be received by the State Board of Elections within 2 business days after receipt of such contribution. The State Board shall allow filings of reports of contributions of more than $500 under this subsection (b-5) by political committees that are not required to file electronically to be made by facsimile transmission. For the purpose of this subsection, a contribution is considered received on the date the public official, candidate, or political committee (or equivalent person in the case of a reporting entity other than a political committee) actually receives it or, in the case of goods or services, 2 business days after the date the public official, candidate, committee, or other reporting entity receives the certification required under subsection (b) of Section 9-6. Failure to report each contribution is a separate violation of this subsection. In the final disposition of any matter by the Board on or after the effective date of this amendatory Act of the 93rd General Assembly, the State Board may impose fines for violations of this subsection not to exceed 100% of the total amount of the contributions that were untimely reported, but in no case when a fine is imposed shall it be less than 10% of the total amount of the contributions that were untimely reported. When considering the amount of the fine to be imposed, the Board shall consider, but is not limited to, the following factors:

(1) whether in the Board's opinion the violation was committed inadvertently, negligently, knowingly, or intentionally;

(2) the number of days the contribution was reported late; and

(3) past violations of Sections 9-3 and 9-10 of this Article by the committee. Notwithstanding paragraphs (1), (2), and (3), if the committee failed to report expenditures that could trigger matching funds under the Supreme Court Campaign Reform Act, then the State Board may assess a fine for each violation not to exceed $10,000 plus the value of the unreported expense.

(c) In addition to such reports the treasurer of every political committee shall file semi-annual reports of campaign contributions and expenditures no later than July 31st, covering the period from January 1st through June 30th immediately preceding, and no later than January 31st, covering the period from July 1st through December 31st of the preceding calendar year. Reports of contributions and expenditures must be filed to cover the prescribed time periods even though no contributions or expenditures may have been received or made during the period. The State Board shall assess a civil penalty not to exceed $5,000 for a violation of this subsection, except that for State officers and candidates and political committees formed for statewide office, the civil penalty may not exceed $10,000. The fine, however, shall not exceed $500 for a first filing violation for filing less than 10 days after the deadline. There shall be no fine if the report is mailed and postmarked at least 72 hours prior to the filing deadline. For the purpose of this subsection, "statewide office" and "State officer" means the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer.

(c-5) A political committee that acts as either (i) a State and local political committee or (ii) a local political committee and that files reports electronically under Section 9-28 is not required to file copies of the reports with the appropriate county clerk if the county clerk has a system that permits access to, and duplication of, reports that are filed with the State Board of Elections. A State and local political committee or a local political committee shall file with the county clerk a copy of its statement of organization pursuant to Section 9-3.

(d) A copy of each report or statement filed under this Article shall be preserved by the person filing it for a period of two years from the date of filing.

(Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; revised 12-17-03.)

Section 905. The State Finance Act is amended by adding Section 5.640 as follows:

(30 ILCS 105/5.640 new)

Sec. 5.640. The Illinois Supreme Court Democracy Trust Fund.

Section 910. The Illinois Income Tax Act is amended by changing Sections 509 and 510 and by adding Section 506.7 as follows:

(35 ILCS 5/506.7 new)

Sec. 506.7. Designation of tax to the Illinois Supreme Court Democracy Trust Fund. The Department shall print on its standard individual income tax form a provision indicating that if the taxpayer wishes to contribute to the Illinois Supreme Court Democracy Trust Fund, as authorized by this amendatory Act of the 94th General Assembly, he or she may do so by stating the amount of the contribution (not less than $1) on the return and that the contribution will reduce the taxpayer's refund or increase the amount of payment to accompany the return. Failure to remit any amount of the increased payment shall reduce the contribution accordingly. This Section does not apply to any amended return. This tax checkoff applies to income tax forms for taxable years 2005 and thereafter.

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

Sec. 509. Tax checkoff explanations. All individual income tax return forms shall contain appropriate explanations and spaces to enable the taxpayers to designate contributions to the following funds: the Child Abuse Prevention Fund, the Illinois Wildlife Preservation Fund (as required by the Illinois Non-Game Wildlife Protection Act), the Alzheimer's Disease Research Fund (as required by the Alzheimer's Disease Research Act), the Assistance to the Homeless Fund (as required by this Act), the Penny Severns Breast and Cervical Cancer Research Fund, the National World War II Memorial Fund, the Prostate Cancer Research Fund, the Lou Gehrig's Disease (ALS) Research Fund, the Multiple Sclerosis Assistance Fund, the Leukemia Treatment and Education Fund, the World War II Illinois Veterans Memorial Fund, the Korean War Veterans National Museum and Library Fund, the Illinois Military Family Relief Fund, the Illinois Veterans' Homes Fund, the Illinois Supreme Court Democracy Trust Fund, and the Asthma and Lung Research Fund.

Each form shall contain a statement that the contributions will reduce the taxpayer's refund or increase the amount of payment to accompany the return. Failure to remit any amount of increased payment shall reduce the contribution accordingly.

If, on October 1 of any year, the total contributions to any one of the funds made under this Section, except the Illinois Supreme Court Democracy Trust Fund, do not equal $100,000 or more, the explanations and spaces for designating contributions to the fund shall be removed from the individual income tax return forms for the following and all subsequent years and all subsequent contributions to the fund shall be refunded to the taxpayer.

(Source: P.A. 92-84, eff. 7-1-02; 92-198, eff. 8-1-01; 92-651, eff. 7-11-02; 92-772, eff. 8-6-02; 92-886, eff. 2-7-03; 93-36, eff. 6-24-03; 93-131, eff. 7-10-03; 93-292, eff. 7-22-03; 93-324, eff. 7-23-03; 93-776, eff. 7-21-04.)

(35 ILCS 5/510) (from Ch. 120, par. 5-510)

Sec. 510. Determination of amounts contributed. The Department shall determine the total amount contributed to each of the following: the Child Abuse Prevention Fund, the Illinois Wildlife Preservation Fund, the Assistance to the Homeless Fund, the Alzheimer's Disease Research Fund, the Penny Severns Breast and Cervical Cancer Research Fund, the National World War II Memorial Fund, the Prostate Cancer Research Fund, the Illinois Military Family Relief Fund, the Lou Gehrig's Disease (ALS) Research Fund, the Multiple Sclerosis Assistance Fund, the Leukemia Treatment and Education Fund, the World War II Illinois Veterans Memorial Fund, the Korean War Veterans National Museum and Library Fund, the Illinois Veterans' Homes Fund, the Illinois Supreme Court Democracy Trust Fund, and the Asthma and Lung Research Fund; and shall notify the State Comptroller and the State Treasurer of the amounts to be transferred from the General Revenue Fund to each fund, and upon receipt of such notification the State Treasurer and Comptroller shall transfer the amounts.

(Source: P.A. 92-84, eff. 7-1-02; 92-198, eff. 8-1-01; 92-651, eff. 7-11-02; 92-772, eff. 8-6-02; 92-886, eff. 2-7-03; 93-36, eff. 6-24-03; 93-131, eff. 7-10-03; 93-292, eff. 7-22-03; 93-324, eff. 7-23-03; 93-776, eff. 7-21-04.)

Section 915. The Clerks of Courts Act is amended by adding Section 27.10 as follows:

(705 ILCS 105/27.10 new)

Sec. 27.10. Supreme Court Democracy Trust Fund. The clerk shall transfer $1 from each appearance fee paid in accordance with Section 27.1, 27.1a, 27.2, or 27.2a to the State Treasurer for deposit into the Supreme Court Democracy Trust Fund. To defray that expense, the county board may, by resolution, require the clerk of the circuit court in the county to charge and collect a Supreme Court Democracy Trust Fund fee of not more than $1, which shall be paid at the time that any appearance fee is paid. The fee shall be collected in the manner in which all other fees or costs are collected. Each clerk shall commence the charges and collection upon receipt of written notice from the chairman of the county board together with a certified copy of the board's resolution. The clerk shall file the resolution of record in his or her office. The fee shall be in addition to all other fees and charges of the clerks shall be assessable as costs, and may be waived only if the judge specifically provides for the waiver of the Supreme Court Democracy Trust Fund fee. The fees shall be remitted monthly by the clerk for deposit into the Supreme Court Democracy Trust Fund.

Section 999. Effective date. This Act takes effect upon becoming law.