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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||||||||||
5 | Illinois Clean Election Act. | ||||||||||||||||||||||||||||||||
6 | Section 5. Definitions. As used in this Act:
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7 | "Certified candidate" means a candidate running for | ||||||||||||||||||||||||||||||||
8 | Governor, State Senator, or State Representative who chooses to | ||||||||||||||||||||||||||||||||
9 | participate in this Act and who is certified as an Illinois | ||||||||||||||||||||||||||||||||
10 | Clean Election Act candidate under Section 20, subsection (e). | ||||||||||||||||||||||||||||||||
11 | "Contribution" has the same meaning as in Article 9 of the | ||||||||||||||||||||||||||||||||
12 | Election Code. | ||||||||||||||||||||||||||||||||
13 | "Fund" means the Illinois Clean Election Fund established | ||||||||||||||||||||||||||||||||
14 | in Section 15. | ||||||||||||||||||||||||||||||||
15 | "Nonparticipating candidate" means a candidate running for | ||||||||||||||||||||||||||||||||
16 | Governor, State Senator, or State Representative who does not | ||||||||||||||||||||||||||||||||
17 | choose to participate in this Act and who is not seeking to be | ||||||||||||||||||||||||||||||||
18 | certified as an Illinois Clean Election Act candidate. | ||||||||||||||||||||||||||||||||
19 | "Participating candidate" means a candidate who is running | ||||||||||||||||||||||||||||||||
20 | for Governor, State Senator, or State Representative who is | ||||||||||||||||||||||||||||||||
21 | seeking to be certified as an Illinois Clean Election Act | ||||||||||||||||||||||||||||||||
22 | candidate. | ||||||||||||||||||||||||||||||||
23 | "Qualifying contribution" means a donation: |
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1 | (1) Of $5 in the form of a check or a money order | ||||||
2 | payable to the Fund in support of a candidate; | ||||||
3 | (2) Made by a registered voter within the district for | ||||||
4 | the office a candidate is seeking; | ||||||
5 | (3) Made during the designated qualifying period and | ||||||
6 | obtained with the knowledge and approval of the candidate; | ||||||
7 | and | ||||||
8 | (4) That is acknowledged by a written receipt that | ||||||
9 | identifies the name and address of the donor on forms | ||||||
10 | provided by the State Board. | ||||||
11 | "Qualifying period" means the following: | ||||||
12 | (1) For a gubernatorial participating candidate, the | ||||||
13 | qualifying period begins November 1st immediately | ||||||
14 | preceding the election year and ends at 5:00 p.m. on April | ||||||
15 | 15th of the election year unless the candidate is | ||||||
16 | unenrolled, in which case the period ends at 5:00 p.m. on | ||||||
17 | June 2nd of the election year. | ||||||
18 | (2) For State Senate or State House of Representatives | ||||||
19 | participating candidates, the qualifying period begins | ||||||
20 | January 1st of the election year and ends at 5:00 p.m. on | ||||||
21 | April 15th of that election year unless the candidate is | ||||||
22 | unenrolled, in which case the period ends at 5:00 p.m. on | ||||||
23 | June 2nd of the election year. | ||||||
24 | "Seed money contribution" means a contribution of no more | ||||||
25 | than $100 per individual made to a candidate, including a | ||||||
26 | contribution from the candidate or the candidate's family. To |
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1 | be eligible for certification, a candidate may collect and | ||||||
2 | spend only seed money contributions subsequent to becoming a | ||||||
3 | candidate as defined by Article 9 of the Election Code and | ||||||
4 | throughout the qualifying period. A participating candidate | ||||||
5 | who has accepted contributions or made expenditures that do not | ||||||
6 | comply with the seed money restrictions under this Act may | ||||||
7 | petition the State Board to remain eligible for certification | ||||||
8 | as an Illinois Clean Election Act candidate in accordance with | ||||||
9 | rules of the State Board, if the failure to comply was | ||||||
10 | unintentional and does not constitute a significant infraction | ||||||
11 | of these restrictions. Prior to certification, a candidate may | ||||||
12 | obligate an amount greater than the seed money collected if the | ||||||
13 | value of the goods and services received from a vendor does not | ||||||
14 | exceed the amount paid to the vendor. A candidate may not | ||||||
15 | collect or spend seed money contributions after certification | ||||||
16 | as an Illinois Clean Election Act candidate. A seed money | ||||||
17 | contribution must be reported according to procedures | ||||||
18 | developed by the State Board. | ||||||
19 | "State Board" means the State Board of Elections.
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20 | Section 10. Alternative campaign financing option. This | ||||||
21 | Act establishes an alternative campaign financing option | ||||||
22 | available to candidates running for Governor, State Senator, | ||||||
23 | and State Representative. This alternative campaign financing | ||||||
24 | option is available to candidates for elections to be held | ||||||
25 | beginning in the year 2008. The State Board shall administer |
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1 | this Act and the Fund. Candidates participating in this Act | ||||||
2 | must also comply with all other applicable election and | ||||||
3 | campaign laws and regulations.
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4 | Section 15. The Illinois Clean Election Fund established; | ||||||
5 | sources of funding.
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6 | (a) The Illinois Clean Election Fund is established as a | ||||||
7 | special fund in the State treasury to finance the election | ||||||
8 | campaigns of certified Illinois Clean Election Act candidates | ||||||
9 | running for Governor, State Senator, and State Representative | ||||||
10 | and to pay administrative and enforcement costs of the State | ||||||
11 | Board related to this Act. Any interest generated by the Fund | ||||||
12 | is credited to the Fund. The State Board shall administer the | ||||||
13 | Fund. | ||||||
14 | (b) The following must be deposited in the fund: | ||||||
15 | (1) The qualifying contributions required under | ||||||
16 | Section 20 when those contributions are submitted to the | ||||||
17 | State Board. | ||||||
18 | (2) Up to $2,000,000 transferred from the General | ||||||
19 | Revenue Fund no later than February 1, 2008. | ||||||
20 | (3) Revenue from a tax checkoff program allowing a | ||||||
21 | resident of the State who files a tax return with the | ||||||
22 | Department of Revenue to designate that $3 be paid into the | ||||||
23 | Fund. If a husband and wife file a joint return, each | ||||||
24 | spouse may designate that $3 be paid. The Department of | ||||||
25 | Revenue shall report annually the amounts designated for |
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1 | the Fund to the State Treasurer, who shall transfer that | ||||||
2 | amount to the Fund. | ||||||
3 | (4) Seed money contributions remaining unspent after a | ||||||
4 | candidate has been certified as an Illinois Clean Election | ||||||
5 | Act candidate. | ||||||
6 | (5) Fund revenues that were distributed to an Illinois | ||||||
7 | Clean Election Act candidate and that remain unspent after | ||||||
8 | the candidate has lost a primary election or after all | ||||||
9 | general elections. | ||||||
10 | (6) Other unspent Fund revenues distributed to any | ||||||
11 | Illinois Clean Election Act candidate who does not remain a | ||||||
12 | candidate throughout a primary or general election cycle. | ||||||
13 | (7) Voluntary donations made directly to the Fund. | ||||||
14 | (8) Fines collected under this Act. | ||||||
15 | (c) By September 1st preceding each election year, the | ||||||
16 | State Board shall publish an estimate of revenue in the Fund | ||||||
17 | available for distribution to certified candidates during the | ||||||
18 | upcoming year's elections and an estimate of the likely demand | ||||||
19 | for clean elections funding during that election. The State | ||||||
20 | Board may submit legislation to request additional funding. | ||||||
21 | Section 20. Terms of participation.
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22 | (a) A participating candidate must file a declaration of | ||||||
23 | intent to seek certification as an Illinois Clean Election Act | ||||||
24 | candidate and to comply with the requirements of this Act. The | ||||||
25 | declaration of intent must be filed with the State Board prior |
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1 | to or during the qualifying period, except as provided in | ||||||
2 | subsection (l), according to forms and procedures developed by | ||||||
3 | the State Board. A participating candidate must submit a | ||||||
4 | declaration of intent within 5 business days after collecting | ||||||
5 | qualifying contributions under this Act or the qualifying | ||||||
6 | contributions collected before the declaration of intent has | ||||||
7 | been filed will not be counted toward the eligibility | ||||||
8 | requirement in subsection (c). | ||||||
9 | (b) Subsequent to becoming a candidate defined by and prior | ||||||
10 | to certification, a participating candidate may not accept | ||||||
11 | contributions, except for seed money contributions. A | ||||||
12 | participating candidate must limit the candidate's seed money | ||||||
13 | contributions to the following amounts: | ||||||
14 | (1) $50,000 for a gubernatorial candidate. | ||||||
15 | (2) $1,500 for a candidate for the State Senate. | ||||||
16 | (3) $500 for a candidate for the State House of | ||||||
17 | Representatives.
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18 | The State Board may, by rule, revise these amounts to | ||||||
19 | ensure the effective implementation of this Act. | ||||||
20 | (c) Participating candidates must obtain qualifying | ||||||
21 | contributions during the qualifying period as follows: | ||||||
22 | (1) For a gubernatorial candidate, at least 2,500 | ||||||
23 | verified registered voters of this State must support the | ||||||
24 | candidacy by providing a qualifying contribution to that | ||||||
25 | candidate. | ||||||
26 | (2) For a candidate for the State Senate, at least 150 |
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1 | verified registered voters from the candidate's district | ||||||
2 | must support the candidacy by providing a qualifying | ||||||
3 | contribution to that candidate. | ||||||
4 | (3) For a candidate for the State House of | ||||||
5 | Representatives, at least 50 verified registered voters | ||||||
6 | from the candidate's district must support the candidacy by | ||||||
7 | providing a qualifying contribution to that candidate. | ||||||
8 | A payment, gift, or anything of value may not be given in | ||||||
9 | exchange for a qualifying contribution. A candidate may pay the | ||||||
10 | fee for a money order in the amount of $5, which is a | ||||||
11 | qualifying contribution, as long as the donor making the | ||||||
12 | qualifying contribution pays the $5 amount reflected on the | ||||||
13 | money order. Any money order fees paid by a participating | ||||||
14 | candidate must be paid for with seed money and reported in | ||||||
15 | accordance with State Board rules. | ||||||
16 | (d) A participating candidate must submit qualifying | ||||||
17 | contributions to the State Board during the qualifying period | ||||||
18 | according to procedures developed by the State Board, except as | ||||||
19 | provided under subsection (l). | ||||||
20 | (e) Upon receipt of a final submittal of qualifying | ||||||
21 | contributions by a participating candidate, the State Board | ||||||
22 | shall determine whether or not the candidate has: | ||||||
23 | (1) Signed and filed a declaration of intent to | ||||||
24 | participate in this Act. | ||||||
25 | (2) Submitted the appropriate number of valid | ||||||
26 | qualifying contributions. |
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1 | (3) Qualified as a candidate by petition or other | ||||||
2 | means. | ||||||
3 | (4) Not accepted contributions, except for seed money | ||||||
4 | contributions, and otherwise complied with seed money | ||||||
5 | restrictions. | ||||||
6 | (5) Not run for the same office as a nonparticipating | ||||||
7 | candidate in a primary election in the same election year. | ||||||
8 | (6) Otherwise met the requirements for participation | ||||||
9 | in this Act. | ||||||
10 | The State Board shall certify a candidate complying with | ||||||
11 | the requirements of this Section as an Illinois Clean Election | ||||||
12 | Act candidate as soon as possible and no later than 3 business | ||||||
13 | days after final submittal of qualifying contributions.
Upon | ||||||
14 | certification, a candidate must transfer to the Fund any | ||||||
15 | unspent seed money contributions. A certified candidate must | ||||||
16 | comply with all requirements of this Act after certification | ||||||
17 | and throughout the primary and general election periods. | ||||||
18 | Failure to do so is a violation of this Act. | ||||||
19 | (f) After certification, a candidate must limit the | ||||||
20 | candidate's campaign expenditures and obligations, including | ||||||
21 | outstanding obligations, to the revenues distributed to the | ||||||
22 | candidate from the Fund and may not accept any contributions | ||||||
23 | unless specifically authorized by the State Board. Candidates | ||||||
24 | may also accept and spend interest earned on bank accounts. All | ||||||
25 | revenues distributed to a certified candidate from the Fund | ||||||
26 | must be used for campaign-related purposes. The candidate, the |
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1 | treasurer, the candidate's political committee, or any agent of | ||||||
2 | the candidate and committee may not use these revenues for any | ||||||
3 | but campaign-related purposes. The State Board shall publish | ||||||
4 | guidelines outlining permissible campaign-related | ||||||
5 | expenditures. | ||||||
6 | (g) The State Board shall distribute to certified | ||||||
7 | candidates revenues from the Fund in amounts determined under | ||||||
8 | subsection (h) in the following manner. | ||||||
9 | (1) Within 3 days after certification, for candidates | ||||||
10 | certified prior to March 15th of the election year, | ||||||
11 | revenues from the Fund must be distributed as if the | ||||||
12 | candidates are in an uncontested primary election. | ||||||
13 | (2) Within 3 days after certification, for all | ||||||
14 | candidates certified between March 15th and April 15th of | ||||||
15 | the election year, revenues from the Fund must be | ||||||
16 | distributed according to whether the candidate is in a | ||||||
17 | contested or uncontested primary election. | ||||||
18 | (3) For candidates in contested primary elections | ||||||
19 | receiving a distribution under paragraph (1), additional | ||||||
20 | revenues from the fund must be distributed within 3 days of | ||||||
21 | March 15th after the election year. | ||||||
22 | (4) Within 3 days after the primary election results | ||||||
23 | are certified, for general election certified candidates, | ||||||
24 | revenues from the Fund must be distributed according to | ||||||
25 | whether the candidate is in a contested or uncontested | ||||||
26 | general election. |
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1 | Funds may be distributed to certified candidates under this | ||||||
2 | Section by any mechanism that is expeditious, ensures | ||||||
3 | accountability, and safeguards the integrity of the Fund. | ||||||
4 | (h) The candidate or committee shall deposit all revenues | ||||||
5 | from the Fund in a campaign account with a bank or other | ||||||
6 | financial institution. The campaign funds must be segregated | ||||||
7 | from, and may not be commingled with, any other funds. | ||||||
8 | (i) By July 1, 2008 and at least every 4 years after that | ||||||
9 | date, the State Board shall determine the amount of funds to be | ||||||
10 | distributed to participating candidates based on the type of | ||||||
11 | election and office as follows: | ||||||
12 | (1) For contested legislative primary elections, the | ||||||
13 | amount of revenues to be distributed is the average amount | ||||||
14 | of campaign expenditures made by each candidate during all | ||||||
15 | contested primary election races for the immediately | ||||||
16 | preceding 2 primary elections, as reported in the initial | ||||||
17 | filing period subsequent to the primary election, for the | ||||||
18 | respective offices of State Senate and State House of | ||||||
19 | Representatives. | ||||||
20 | (2) For uncontested legislative primary elections, the | ||||||
21 | amount of revenues distributed is the average amount of | ||||||
22 | campaign expenditures made by each candidate during all | ||||||
23 | uncontested primary election races for the immediately | ||||||
24 | preceding 2 primary elections, as reported in the initial | ||||||
25 | filing period subsequent to the primary election, for the | ||||||
26 | respective offices of State Senate and State House of |
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1 | Representatives. | ||||||
2 | (3) For contested legislative general elections, the | ||||||
3 | amount of revenues distributed is the average amount of | ||||||
4 | campaign expenditures made by each candidate during all | ||||||
5 | contested general election races for the immediately | ||||||
6 | preceding 2 general elections, as reported in the initial | ||||||
7 | filing period subsequent to the general election, for the | ||||||
8 | respective offices of State Senate and State House of | ||||||
9 | Representatives. | ||||||
10 | (4) For uncontested legislative general elections, the | ||||||
11 | amount of revenues to be distributed from the Fund is 40% | ||||||
12 | of the amount distributed to a participating candidate in a | ||||||
13 | contested general election. | ||||||
14 | (5) For gubernatorial primary elections, the amount of | ||||||
15 | revenues distributed is $2,000,000 per candidate in the | ||||||
16 | primary election. | ||||||
17 | (6) For gubernatorial general elections, the amount of | ||||||
18 | revenues distributed is $4,000,000 per candidate in the | ||||||
19 | general election. | ||||||
20 | If the immediately preceding election cycles do not contain | ||||||
21 | sufficient electoral data, the State Board shall use | ||||||
22 | information from the most recent applicable elections. | ||||||
23 | (j) When any campaign, finance, or election report shows | ||||||
24 | that the sum of a candidate's expenditures or obligations, or | ||||||
25 | funds raised or borrowed, whichever is greater, alone or in | ||||||
26 | conjunction with independent reported expenditures, exceeds |
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1 | the distribution amount under subsection (h), the State Board | ||||||
2 | shall issue immediately to any opposing Illinois Clean Election | ||||||
3 | Act candidate an additional amount equivalent to the reported | ||||||
4 | excess. Matching funds are limited to 2 times the amount | ||||||
5 | originally distributed under subsection (h), paragraph (1), | ||||||
6 | (3), (5), or (6), whichever is applicable. | ||||||
7 | (k) An unenrolled candidate certified by March 1st | ||||||
8 | preceding the primary election is eligible for revenues from | ||||||
9 | the Fund in the same amounts and at the same time as an | ||||||
10 | uncontested primary election candidate and a general election | ||||||
11 | candidate as specified in subsections (g) and (h). For an | ||||||
12 | unenrolled candidate not certified by March 1st at 5:00 p.m. | ||||||
13 | the deadline for filing qualifying contributions is 5:00 p.m. | ||||||
14 | on June 2nd preceding the general election. An unenrolled | ||||||
15 | candidate certified after March 1st at 5:00 p.m. is eligible | ||||||
16 | for revenues from the Fund in the same amounts as a general | ||||||
17 | election candidate, as specified in subsections (g) and (h). | ||||||
18 | (l) The State Board shall establish by rule procedures for | ||||||
19 | qualification, certification, disbursement of Fund revenues, | ||||||
20 | and return of unspent Fund revenues for races involving special | ||||||
21 | elections, recounts, vacancies, withdrawals, or replacement | ||||||
22 | candidates. | ||||||
23 | (m) Notwithstanding any other provision of law, | ||||||
24 | participating and certified candidates shall report any money | ||||||
25 | collected, all campaign expenditures, obligations, and related | ||||||
26 | activities to the State Board according to procedures developed |
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1 | by the State Board. Upon the filing of a final report for any | ||||||
2 | primary election in which the candidate was defeated and for | ||||||
3 | all general elections that candidate shall return all unspent | ||||||
4 | Fund revenues to the State Board. In developing these | ||||||
5 | procedures, the State Board shall utilize existing campaign | ||||||
6 | reporting procedures whenever practicable. The State Board | ||||||
7 | shall ensure timely public access to campaign finance data and | ||||||
8 | may utilize electronic means of reporting and storing | ||||||
9 | information. | ||||||
10 | (n) The treasurer shall obtain and keep: | ||||||
11 | (1) Bank or other account statements for the campaign | ||||||
12 | account covering the duration of the campaign. | ||||||
13 | (2) A vendor invoice stating the particular goods or | ||||||
14 | services purchased for every expenditure of $50 or more. | ||||||
15 | (3) A record proving that a vendor received payment for | ||||||
16 | every expenditure of $50 or more in the form of a cancelled | ||||||
17 | check, receipt from the vendor, or bank or credit card | ||||||
18 | statement identifying the vendor as the payee. | ||||||
19 | The treasurer shall preserve the records for 2 years | ||||||
20 | following the candidate's final campaign finance report for the | ||||||
21 | election cycle. The candidate and treasurer shall submit | ||||||
22 | photocopies of the records to the State Board upon its request. | ||||||
23 | (o) The State Board may not distribute revenues to | ||||||
24 | certified candidates in excess of the total amount of money | ||||||
25 | deposited in the Fund as set forth in Section 15. | ||||||
26 | Notwithstanding any other provisions of this Act, if the State |
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1 | Board determines that the revenues in the Fund are insufficient | ||||||
2 | to meet distributions under subsections (h) or (i), the State | ||||||
3 | Board may permit certified candidates to accept and spend | ||||||
4 | contributions, reduced by any seed money contributions, | ||||||
5 | aggregating no more than $500 per donor per election for | ||||||
6 | gubernatorial candidates and $250 per donor per election for | ||||||
7 | State Senate and State House candidates, up to the applicable | ||||||
8 | amounts set forth in subsections (h) and (i) according to rules | ||||||
9 | adopted by the State Board. | ||||||
10 | (p) A candidate who has been denied certification as an | ||||||
11 | Illinois Clean Election Act candidate, the opponent of a | ||||||
12 | candidate who has been granted certification as an Illinois | ||||||
13 | Clean Election Act candidate, or other interested persons may | ||||||
14 | challenge a certification decision by the State Board as | ||||||
15 | follows: | ||||||
16 | (1) A challenger may appeal to the full State Board | ||||||
17 | within 7 days after the certification decision. The appeal | ||||||
18 | must be in writing and must set forth the reasons for the | ||||||
19 | appeal. | ||||||
20 | (2) Within 5 days after an appeal is properly made and | ||||||
21 | after notice is given to the challenger and any opponent, | ||||||
22 | the State Board shall hold a hearing. The appellant has the | ||||||
23 | burden of providing evidence to demonstrate that the State | ||||||
24 | Board decision was improper. The State Board must rule on | ||||||
25 | the appeal within 3 days after the completion of the | ||||||
26 | hearing. |
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1 | (3) A challenger may appeal the decision of the State | ||||||
2 | Board in paragraph (2) by commencing an action in circuit | ||||||
3 | court. | ||||||
4 | (4) A candidate whose certification by the State Board | ||||||
5 | as an Illinois Clean Election Act candidate is revoked on | ||||||
6 | appeal must return to the State Board any unspent revenues | ||||||
7 | distributed from the Fund. | ||||||
8 | If the State Board or court finds that an appeal was made | ||||||
9 | frivolously or to cause delay or hardship, the State Board or | ||||||
10 | court may require the moving party to pay costs of the State | ||||||
11 | Board, court, and opposing parties, if any.
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12 | Section 25. Rules. The State Board shall adopt rules to | ||||||
13 | ensure effective administration of this Act. These rules must | ||||||
14 | include but must not be limited to procedures for obtaining | ||||||
15 | qualifying contributions, certification as an Illinois Clean | ||||||
16 | Election Act candidate, circumstances involving special | ||||||
17 | elections, vacancies, recounts, withdrawals or replacements, | ||||||
18 | collection of revenues for the Fund, distribution of Fund | ||||||
19 | revenue to certified candidates, return of unspent Fund | ||||||
20 | disbursements, disposition of equipment purchased with Clean | ||||||
21 | Election Funds, and compliance with this Act.
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22 | Section 30. Violations.
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23 | (a) In addition to any other penalties that may be | ||||||
24 | applicable, a person who violates any provision of this Act or |
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1 | rules of the State Board adopted pursuant to Section 25 is | ||||||
2 | subject to a fine not to exceed $10,000 per violation payable | ||||||
3 | to the Fund. The State Board may assess a fine of up to $10,000 | ||||||
4 | for a violation of reporting requirements if it determines that | ||||||
5 | the failure to file a timely and accurate report resulted in | ||||||
6 | the late payment of matching funds. This fine is recoverable in | ||||||
7 | a civil action. In addition to any fine, for good cause shown, | ||||||
8 | a candidate, treasurer, consultant, or other agent of the | ||||||
9 | candidate or the committee authorized by the candidate found in | ||||||
10 | violation of this Act or rules of the State Board may be | ||||||
11 | required to return to the Fund all amounts distributed to the | ||||||
12 | candidate from the Fund or any funds not used for | ||||||
13 | campaign-related purposes. If the State Board makes a | ||||||
14 | determination that a violation of this Act or rules of the | ||||||
15 | State Board has occurred, the State Board shall assess a fine | ||||||
16 | or transmit the finding to the Attorney General for | ||||||
17 | prosecution. Fines paid under this Section must be deposited in | ||||||
18 | the Fund. In determining whether or not a candidate is in | ||||||
19 | violation of the expenditure limits of this Act, the State | ||||||
20 | Board may consider as a mitigating factor any circumstances out | ||||||
21 | of the candidate's control. | ||||||
22 | (b) A person who willfully or knowingly violates this Act | ||||||
23 | or rules of the State Board or who willfully or knowingly makes | ||||||
24 | a false statement in any report required by this Act commits a | ||||||
25 | business offense punishable by a fine of at least $1,001 and | ||||||
26 | not more than $5,000 and, if certified as an Illinois Clean |
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1 | Election Act candidate, must return to the Fund all amounts | ||||||
2 | distributed to the candidate. | ||||||
3 | Section 35. Study report. By January 30, 2010 and every 4 | ||||||
4 | years after that date, the State Board shall prepare for the | ||||||
5 | General Assembly a report documenting, evaluating, and making | ||||||
6 | recommendations relating to the administration, | ||||||
7 | implementation, and enforcement of this Act and the Illinois | ||||||
8 | Clean Election Fund.
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9 | Section 90. The State Finance Act is amended by adding | ||||||
10 | Section 5.675 as follows: | ||||||
11 | (30 ILCS 105/5.675 new) | ||||||
12 | Sec. 5.675. Illinois Clean Election Fund. | ||||||
13 | Section 95. The Illinois Income Tax Act is amended by | ||||||
14 | changing Sections 509 and 510 and by adding Section 507PP as | ||||||
15 | follows: | ||||||
16 | (35 ILCS 5/507PP new) | ||||||
17 | Sec. 507PP. The Illinois Clean Election Fund checkoff. For | ||||||
18 | taxable
years ending on or after December 31, 2007, the | ||||||
19 | Department must
print on its standard individual income tax | ||||||
20 | form a provision
indicating that if the taxpayer wishes to | ||||||
21 | contribute to the
Illinois Clean Election Fund, as authorized |
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1 | by the Illinois Clean Election Act, he or she may do so by | ||||||
2 | stating the
amount of the contribution (not less than $3) on | ||||||
3 | the return and
that the contribution will reduce the taxpayer's | ||||||
4 | refund or
increase the amount of payment to accompany the | ||||||
5 | return. Failure
to remit any amount of increased payment shall | ||||||
6 | reduce the
contribution accordingly. This Section does not | ||||||
7 | apply to any
amended return.
| ||||||
8 | (35 ILCS 5/509) (from Ch. 120, par. 5-509)
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9 | Sec. 509. Tax checkoff explanations. All individual income | ||||||
10 | tax return forms
shall contain appropriate explanations and | ||||||
11 | spaces to enable the taxpayers to
designate contributions to | ||||||
12 | the following funds:
the Child Abuse Prevention Fund,
the | ||||||
13 | Illinois Wildlife Preservation Fund (as required by the | ||||||
14 | Illinois
Non-Game Wildlife Protection Act),
the Alzheimer's | ||||||
15 | Disease Research Fund (as required by the Alzheimer's
Disease | ||||||
16 | Research Act),
the Assistance to the Homeless Fund (as required | ||||||
17 | by this Act),
the Penny Severns Breast and Cervical Cancer | ||||||
18 | Research Fund,
the National World War II Memorial Fund,
the | ||||||
19 | Prostate Cancer Research Fund,
the Lou Gehrig's Disease (ALS) | ||||||
20 | Research Fund,
the Multiple Sclerosis Assistance Fund,
the | ||||||
21 | Sarcoidosis Research Fund, the Leukemia Treatment and | ||||||
22 | Education Fund,
the World War II Illinois Veterans Memorial | ||||||
23 | Fund,
the Korean War Veterans National Museum and Library Fund,
| ||||||
24 | the Illinois Military Family Relief Fund,
the Blindness | ||||||
25 | Prevention Fund, the Illinois Veterans' Homes Fund, the |
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1 | Epilepsy Treatment and Education Grants-in-Aid Fund, the | ||||||
2 | Diabetes Research Checkoff Fund, the Vince Demuzio Memorial | ||||||
3 | Colon Cancer Fund, the Autism Research Fund, the Heartsaver AED | ||||||
4 | Fund, the Asthma and Lung Research Fund, the Illinois Clean | ||||||
5 | Election Fund, and the Illinois Brain Tumor Research Fund.
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6 | Each form shall contain a statement that the contributions | ||||||
7 | will reduce the
taxpayer's refund or increase the amount of | ||||||
8 | payment to accompany the return.
Failure to remit any amount of | ||||||
9 | increased payment shall reduce the contribution
accordingly.
| ||||||
10 | If, on October 1 of any year, the total contributions to | ||||||
11 | any one of the
funds made under this Section do not equal | ||||||
12 | $100,000 or more, the explanations
and spaces for designating | ||||||
13 | contributions to the fund shall be removed from the
individual | ||||||
14 | income tax return forms for the following and all subsequent | ||||||
15 | years
and all subsequent contributions to the fund shall be | ||||||
16 | refunded to the taxpayer.
| ||||||
17 | (Source: P.A. 93-36, eff. 6-24-03; 93-131, eff. 7-10-03; | ||||||
18 | 93-292, eff. 7-22-03; 93-324, eff. 7-23-03; 93-776, eff. | ||||||
19 | 7-21-04; 94-73, eff. 6-23-05; 94-107, eff. 7-1-05; 94-141, eff. | ||||||
20 | 1-1-06; 94-142, eff. 1-1-06; 94-442, eff. 8-4-05; 94-602, eff. | ||||||
21 | 8-16-05; 94-649, eff. 8-22-05; 94-876, eff. 6-19-06; revised | ||||||
22 | 8-3-06.)
| ||||||
23 | (35 ILCS 5/510) (from Ch. 120, par. 5-510)
| ||||||
24 | Sec. 510. Determination of amounts contributed. The | ||||||
25 | Department shall
determine the total amount contributed to each |
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| |||||||
1 | of the following:
the Child Abuse Prevention Fund,
the Illinois | ||||||
2 | Wildlife Preservation Fund,
the Assistance to the Homeless | ||||||
3 | Fund,
the Alzheimer's Disease Research Fund,
the Penny Severns | ||||||
4 | Breast and Cervical Cancer Research Fund,
the National World | ||||||
5 | War II Memorial Fund,
the Prostate Cancer Research Fund,
the | ||||||
6 | Illinois Military Family Relief Fund,
the Lou Gehrig's Disease | ||||||
7 | (ALS) Research Fund,
the Multiple Sclerosis Assistance Fund,
| ||||||
8 | the Sarcoidosis Research Fund, the Leukemia Treatment and | ||||||
9 | Education Fund,
the World War II Illinois Veterans Memorial | ||||||
10 | Fund,
the Korean War Veterans National Museum and Library Fund, | ||||||
11 | the Illinois Veterans' Homes Fund, the Epilepsy Treatment and | ||||||
12 | Education Grants-in-Aid Fund,
the Diabetes Research Checkoff | ||||||
13 | Fund, the Vince Demuzio Memorial Colon Cancer Fund, the Autism | ||||||
14 | Research Fund, the Blindness Prevention Fund, the Heartsaver | ||||||
15 | AED Fund, the Illinois Clean Election Fund, the Asthma and Lung | ||||||
16 | Research Fund, and the Illinois Brain Tumor Research Fund;
and | ||||||
17 | shall notify the State Comptroller and the State Treasurer of | ||||||
18 | the amounts
to be transferred from the General Revenue Fund to | ||||||
19 | each fund, and upon receipt
of such notification the State | ||||||
20 | Treasurer and Comptroller shall transfer the
amounts.
| ||||||
21 | (Source: P.A. 93-36, eff. 6-24-03; 93-131, eff. 7-10-03; | ||||||
22 | 93-292, eff. 7-22-03; 93-324, eff. 7-23-03; 93-776, eff. | ||||||
23 | 7-21-04; 94-73, eff. 6-23-05; 94-107, eff. 7-1-05; 94-141, eff. | ||||||
24 | 1-1-06; 94-142, eff. 1-1-06; 94-442, eff. 8-4-05; 94-602, eff. | ||||||
25 | 8-16-05; 94-649, eff. 8-22-05; 94-876, eff. 6-19-06; revised | ||||||
26 | 8-3-06.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
|