103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2127

 

Introduced 2/10/2023, by Sen. Rachel Ventura

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 105/5.990 new
35 ILCS 5/507MMM new

    Creates the Illinois Clean Elections Act. Establishes a voluntary method of public financing of the campaigns of candidates for statewide constitutional offices and the General Assembly. Amends the State Finance Act to create the Illinois Clean Elections Fund as a special fund in the State treasury. Amends the Illinois Income Tax Act to create an individual tax return checkoff in support of the Fund. Effective immediately.


LRB103 28347 BMS 54726 b

 

 

A BILL FOR

 

SB2127LRB103 28347 BMS 54726 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Illinois Clean Elections Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Certified candidate" means a candidate running for
8Governor, Secretary of State, Attorney General, State
9Treasurer, State Comptroller, State Senator, or State
10Representative, in a primary election, and Governor, Secretary
11of State, Attorney General, State Treasurer, State
12Comptroller, State Senator, or State Representative, in a
13general election who chooses to participate in this Act and
14who is certified as an Illinois Clean Elections Act candidate
15under subsection (e) of Section 20 of this Act.
16    "Contribution" has the same meaning as in Article 9 of the
17Election Code.
18    "Fund" means the Illinois Clean Elections Fund established
19in Section 15 of this Act.
20    "Nonparticipating candidate" means a candidate running for
21Governor, Secretary of State, Attorney General, State
22Treasurer, State Comptroller, State Senator, or State
23Representative, in a primary election, and Governor, Secretary

 

 

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1of State, Attorney General, State Treasurer, State
2Comptroller, State Senator, or State Representative, in a
3general election who does not choose to participate in this
4Act and who is not seeking to be certified as an Illinois Clean
5Elections Act candidate.
6    "Participating candidate" means a candidate who is running
7for Governor, Secretary of State, Attorney General, State
8Treasurer, State Comptroller, State Senator, or State
9Representative, in a primary election, and Governor, Secretary
10of State, Attorney General, State Treasurer, State
11Comptroller, State Senator, or State Representative, in a
12general election who is seeking to be certified as an Illinois
13Clean Elections Act candidate.
14    "Qualifying contribution" means a donation:
15        (1) Of $5 in the form of a check or a money order
16    payable to the Fund in support of a candidate;
17        (2) Made by a registered voter within the district for
18    the office a candidate is seeking;
19        (3) Made during the designated qualifying period and
20    obtained with the knowledge and approval of the candidate;
21    and
22        (4) That is acknowledged by a written receipt that
23    identifies the name and address of the donor on forms
24    provided by the State Board.
25    "Qualifying period" means the following:
26        (1) For a participating candidate for Governor,

 

 

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1    Secretary of State, Attorney General, State Treasurer, or
2    State Comptroller, the qualifying period begins November 1
3    immediately preceding the election year and ends at 5:00
4    p.m. on April 15 of the election year unless the candidate
5    is unenrolled, in which case the period ends at 5:00 p.m.
6    on June 2 of the election year.
7        (2) For State Senate or State House of Representatives
8    participating candidates, the qualifying period begins
9    January 1 of the election year and ends at 5:00 p.m. on
10    April 15 of that election year unless the candidate is
11    unenrolled, in which case the period ends at 5:00 p.m. on
12    June 2 of the election year.
13    "Seed money contribution" means a contribution of no more
14than $100 per individual made to a contribution from the
15candidate or the candidate's family. To be eligible for
16certification, a candidate may collect and spend only seed
17money contributions subsequent to becoming a candidate as
18defined by Article 9 of the Election Code and throughout the
19qualifying period. A participating candidate who has accepted
20contributions or made expenditures that do not comply with the
21seed money restrictions under this Act may petition the State
22Board to remain eligible for certification as an Illinois
23Clean Elections Act candidate in accordance with rules of the
24State Board, if the failure to comply was unintentional and
25does not constitute a significant infraction of these
26restrictions. Prior to certification, a candidate may obligate

 

 

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1an amount greater than the seed money collected if the value of
2the goods and services received from a vendor does not exceed
3the amount paid to the vendor. A candidate may not collect or
4spend seed money contributions after certification as an
5Illinois Clean Elections Act candidate. A seed money
6contribution must be reported according to procedures
7developed by the State Board.
8    "State Board" means the State Board of Elections.
 
9    Section 10. Alternative campaign financing option. This
10Act establishes an alternative campaign financing option
11available to candidates running for Governor, Secretary of
12State, Attorney General, State Treasurer, State Comptroller,
13State Senator, and State Representative. This alternative
14campaign financing option is available to candidates for
15elections to be held beginning in the year 2024. The State
16Board shall administer this Act and the Fund. Candidates
17participating in this Act must also comply with all other
18applicable election and campaign laws and regulations.
 
19    Section 15. The Illinois Clean Elections Fund established;
20sources of funding.
21    (a) The Illinois Clean Elections Fund is established as a
22special fund in the State treasury to finance the election
23campaigns of certified Illinois Clean Elections Act candidates
24running for Governor, Attorney General, Secretary of State,

 

 

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1State Treasurer, State Comptroller, State Senator, and State
2Representative and to pay administrative and enforcement costs
3of the State Board related to this Act. Any interest generated
4by the Fund is credited to the Fund. The State Board shall
5administer the Fund.
6    (b) The following must be deposited into the Fund:
7        (1) The qualifying contributions required under
8    Section 20 of this Act when those contributions are
9    submitted to the State Board.
10        (2) $40,000,000 of the revenues from the taxes imposed
11    by the Illinois Income Tax Act and credited to the General
12    Revenue Fund, transferred to the Fund by the State
13    Treasurer on or before January 1 of each year, beginning
14    January 1, 2024. These revenues must be offset in an
15    equitable manner by an equivalent reduction within the
16    administrative divisions of the legislative branch and
17    executive branch agencies. If the State Board determines
18    that the Fund will not have sufficient revenues to cover
19    the likely demand for funds from the Illinois Clean
20    Elections Fund in an upcoming calendar year, by January 1
21    the State Board shall provide a report of its projections
22    of the balances in the Illinois Clean Elections Fund to
23    the General Assembly and the Governor and may request that
24    the State Treasurer make the following transfers to the
25    Illinois Clean Elections Fund from the General Revenue
26    Fund:

 

 

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1            (A) Up to $20,000,000 no later than February 28,
2        2024, reflecting an advance of the transfer of the
3        amounts that would be received on or before January 1,
4        2025 pursuant to this paragraph.
5            (B) Up to $15,000,000 no later than July 31, 2024,
6        pursuant to this paragraph reflecting an advance of
7        the transfer of the amounts that would be received on
8        or before January 1, 2025 pursuant to this paragraph.
9            (C) Up to $5,000,000 no later than September 1,
10        2026, reflecting a partial advance of the transfer of
11        the amounts that would be received on or before
12        January 1, 2027 pursuant to this paragraph.
13        (3) Revenue from a tax checkoff program allowing a
14    resident of the State who files a tax return with the
15    Department of Revenue to designate that $3 be paid into
16    the Fund. If a husband and wife file a joint return, each
17    spouse may designate that $3 be paid. The Department of
18    Revenue shall report annually the amounts designated for
19    the Fund to the State Treasurer, who shall transfer that
20    amount to the Fund.
21        (4) Seed money contributions remaining unspent after a
22    candidate has been certified as an Illinois Clean
23    Elections Act candidate.
24        (5) Fund revenues that were distributed to an Illinois
25    Clean Elections Act candidate and that remain unspent
26    after the candidate has lost a primary election or after

 

 

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1    all general elections.
2        (6) Other unspent Fund revenues distributed to any
3    Illinois Clean Elections Act candidate who does not remain
4    a candidate throughout a primary or general election
5    cycle.
6        (7) Voluntary donations made directly to the Fund.
7        (8) Fines collected under this Act.
8    (c) By September 1 preceding each election year, the State
9Board shall publish an estimate of revenue in the Fund
10available for distribution to certified candidates during the
11upcoming year's elections and an estimate of the likely demand
12for clean elections funding during that election. The State
13Board may submit legislation to request additional funding.
 
14    Section 20. Terms of participation.
15    (a) A participating candidate must file a declaration of
16intent to seek certification as an Illinois Clean Elections
17Act candidate and to comply with the requirements of this Act.
18The declaration of intent must be filed with the State Board
19prior to or during the qualifying period, except as provided
20in subsection (l) of this Section, according to forms and
21procedures developed by the State Board. A participating
22candidate must submit a declaration of intent within 5
23business days after collecting qualifying contributions under
24this Act or the qualifying contributions collected before the
25declaration of intent has been filed will not be counted

 

 

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1toward the eligibility requirement in subsection (c) of this
2Section.
3    (b) Subsequent to becoming a candidate defined by and
4prior to certification, a participating candidate may not
5accept contributions, except for seed money contributions. A
6participating candidate must limit the candidate's seed money
7contributions to the following amounts:
8        (1) $50,000 for a gubernatorial candidate.
9        (2) $25,000 for a candidate for Secretary of State,
10    Attorney General, State Treasurer, or State Comptroller.
11        (3) $10,000 for a candidate for the State Senate.
12        (4) $5,000 for a candidate for the State House of
13    Representatives.
14    The State Board may, by rule, revise these amounts to
15ensure the effective implementation of this Act.
16    (c) Participating candidates must obtain qualifying
17contributions during the qualifying period as follows:
18        (1) For a candidate for Governor, Secretary of State,
19    Attorney General, State Treasurer, or State Comptroller,
20    the minimum number of qualifying donations from verified
21    registered voters of this State is equal to the minimum
22    number of signatures required for a candidate petition for
23    a statewide office under subsection (a) of Section 7-10 of
24    this Code.
25        (2) For a candidate for the State Senate, the minimum
26    number of qualifying donations from verified registered

 

 

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1    voters of this State is equal to the minimum number of
2    signatures required for a candidate petition for a State
3    Senator under Section 8-8 of this Code.
4        (3) For a candidate for the State House of
5    Representatives, the minimum number of qualifying
6    donations from verified registered voters of this State is
7    equal to the minimum number of signatures required for a
8    candidate petition for a Representative in the General
9    Assembly under Section 8-8 of this Code.
10    A payment, gift, or anything of value may not be given in
11exchange for a qualifying contribution. A candidate may pay
12the fee for a money order in the amount of $5, which is a
13qualifying contribution, as long as the donor making the
14qualifying contribution pays the $5 amount reflected on the
15money order. Any money order fees paid by a participating
16candidate must be paid for with seed money and reported in
17accordance with State Board rules.
18    (d) A participating candidate must submit qualifying
19contributions to the State Board during the qualifying period
20according to procedures developed by the State Board, except
21as provided under subsection (l) of this Section.
22    (e) Upon receipt of a final submittal of qualifying
23contributions by a participating candidate, the State Board
24shall determine whether or not the candidate has:
25        (1) Signed and filed a declaration of intent to
26    participate in this Act.

 

 

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1        (2) Submitted the appropriate number of valid
2    qualifying contributions.
3        (3) Qualified as a candidate by petition or other
4    means.
5        (4) Not accepted contributions, except for seed money
6    contributions, and otherwise complied with seed money
7    restrictions.
8        (5) Not run for the same office as a nonparticipating
9    candidate in a primary election in the same election year.
10        (6) Otherwise met the requirements for participation
11    in this Act.
12    The State Board shall certify a candidate complying with
13the requirements of this Section as an Illinois Clean
14Elections Act candidate as soon as possible and no later than 3
15business days after final submittal of qualifying
16contributions. Upon certification, a candidate must transfer
17to the Fund any unspent seed money contributions. A certified
18candidate must comply with all requirements of this Act after
19certification and throughout the primary and general election
20periods. Failure to do so is a violation of this Act.
21    (f) After certification, a candidate must limit the
22candidate's campaign expenditures and obligations, including
23outstanding obligations, to the revenues distributed to the
24candidate from the Fund and may not accept any contributions
25unless specifically authorized by the State Board. Candidates
26may also accept and spend interest earned on bank accounts.

 

 

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1All revenues distributed to a certified candidate from the
2Fund must be used for campaign-related purposes. The
3candidate, the treasurer, the candidate's political committee,
4or any agent of the candidate and committee may not use these
5revenues for any but campaign-related purposes. The State
6Board shall publish guidelines outlining permissible
7campaign-related expenditures.
8    (g) The State Board shall distribute to certified
9candidates revenues from the Fund in amounts determined under
10subsection (h) in the following manner.
11        (1) Within 3 days after certification, for candidates
12    certified prior to March 15 of the election year, revenues
13    from the Fund must be distributed as if the candidates are
14    in an uncontested primary election.
15        (2) Within 3 days after certification, for all
16    candidates certified between March 15 and April 15 of the
17    election year, revenues from the Fund must be distributed
18    according to whether the candidate is in a contested or
19    uncontested primary election.
20        (3) For candidates in contested primary elections
21    receiving a distribution under paragraph (1) of this
22    subsection, additional revenues from the fund must be
23    distributed within 3 days of March 15 after the election
24    year.
25        (4) Within 3 days after the primary election results
26    are certified, for general election certified candidates,

 

 

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1    revenues from the Fund must be distributed according to
2    whether the candidate is in a contested or uncontested
3    general election.
4    Funds may be distributed to certified candidates under
5this Section by any mechanism that is expeditious, ensures
6accountability, and safeguards the integrity of the Fund.
7    (h) The candidate or committee shall deposit all revenues
8from the Fund in a campaign account with a bank or other
9financial institution. The campaign funds must be segregated
10from, and may not be commingled with, any other funds.
11    (i) By July 1, 2024 and at least every 4 years after that
12date, the State Board shall determine the amount of funds to be
13distributed to participating candidates based on the type of
14election and office as follows:
15        (1) For contested legislative primary elections, the
16    amount of revenues to be distributed is the average amount
17    of campaign expenditures made by each candidate during all
18    contested primary election races for the immediately
19    preceding 2 primary elections, as reported in the initial
20    filing period subsequent to the primary election, for the
21    respective offices of State Senate and State House of
22    Representatives.
23        (2) For uncontested legislative primary elections, the
24    amount of revenues distributed is the average amount of
25    campaign expenditures made by each candidate during all
26    uncontested primary election races for the immediately

 

 

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1    preceding 2 primary elections, as reported in the initial
2    filing period subsequent to the primary election, for the
3    respective offices of State Senate and State House of
4    Representatives.
5        (3) For contested legislative general elections, the
6    amount of revenues distributed is the average amount of
7    campaign expenditures made by each candidate during all
8    contested general election races for the immediately
9    preceding 2 general elections, as reported in the initial
10    filing period subsequent to the general election, for the
11    respective offices of State Senate and State House of
12    Representatives.
13        (4) For uncontested legislative general elections, the
14    amount of revenues to be distributed from the Fund is 40%
15    of the amount distributed to a participating candidate in
16    a contested general election.
17        (5) For gubernatorial primary elections, the amount of
18    revenues distributed is $2,000,000 per candidate in the
19    primary election.
20        (6) For gubernatorial general elections, the amount of
21    revenues distributed is $4,000,000 per candidate in the
22    general election.
23        (7) For contested primary elections for Attorney
24    General the amount of revenues distributed per candidate
25    is $500,000 per candidate.
26        (8) For the general election for Attorney General, the

 

 

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1    amount of funds distributed per candidate is $2,000,000.
2        (9) For primary elections for Secretary of State the
3    amount of revenues distributed per candidate is $500,000
4    per candidate.
5        (10) For the general election for Secretary of State,
6    the amount of funds distributed per candidate is
7    $2,000,000.
8        (11) For contested primary elections for State
9    Treasurer, the amount of revenues distributed per
10    candidate is $200,000.
11        (12) For the general election for State Treasurer, the
12    amount of funds distributed per candidate is $800,000.
13        (13) For contested primary elections for State
14    Comptroller, the amount of revenues distributed per
15    candidate is $200,000.
16        (14) For the general election for State Comptroller,
17    the amount of funds distributed per candidate is $800,000.
18        (15) For any uncontested primary or general election
19    for the office of Governor, Attorney General, Secretary of
20    State, State Treasurer, or Comptroller, the amount of
21    funds distributed shall be 40% of those otherwise
22    distributed in a contested primary or general election.
23    If the immediately preceding election cycles do not
24contain sufficient electoral data, the State Board shall use
25information from the most recent applicable elections.
26    (j) When any campaign, finance, or election report shows

 

 

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1that the sum of a candidate's expenditures or obligations, or
2funds raised or borrowed, whichever is greater, alone or in
3conjunction with independent reported expenditures, exceeds
4the distribution amount under subsection (h) of this Section,
5the State Board shall issue immediately to any opposing
6Illinois Clean Elections Act candidate an additional amount
7equivalent to the reported excess. Matching funds are limited
8to 2 times the amount originally distributed under paragraph
9(1), (3), (5), or (6) of subsection (h) of this Section,
10whichever is applicable.
11    (k) An unenrolled candidate certified by January 15
12preceding the primary election is eligible for revenues from
13the Fund in the same amounts and at the same time as an
14uncontested primary election candidate and a general election
15candidate as specified in subsections (g) and (h) of this
16Section. For an unenrolled candidate not certified by January
1715 at 5:00 p.m. the deadline for filing qualifying
18contributions is 5:00 p.m. on June 2 preceding the general
19election. An unenrolled candidate certified after January 15
20at 5:00 p.m. is eligible for revenues from the Fund in the same
21amounts as a general election candidate, as specified in
22subsections (g) and (h) of this Section.
23    (l) The State Board shall establish by rule procedures for
24qualification, certification, disbursement of Fund revenues,
25and return of unspent Fund revenues for races involving
26special elections, recounts, vacancies, withdrawals, or

 

 

SB2127- 16 -LRB103 28347 BMS 54726 b

1replacement candidates.
2    (m) Notwithstanding any other provision of law,
3participating and certified candidates shall report any money
4collected, all campaign expenditures, obligations, and related
5activities to the State Board according to procedures
6developed by the State Board. Upon the filing of a final report
7for any primary election in which the candidate was defeated
8and for all general elections that candidate shall return all
9unspent Fund revenues to the State Board. In developing these
10procedures, the State Board shall utilize existing campaign
11reporting procedures whenever practicable. The State Board
12shall ensure timely public access to campaign finance data and
13may utilize electronic means of reporting and storing
14information.
15    (n) The treasurer shall obtain and keep:
16        (1) Bank or other account statements for the campaign
17    account covering the duration of the campaign.
18        (2) A vendor invoice stating the particular goods or
19    services purchased for every expenditure of $50 or more.
20        (3) A record proving that a vendor received payment
21    for every expenditure of $50 or more in the form of a
22    cancelled check, receipt from the vendor, or bank or
23    credit card statement identifying the vendor as the payee.
24    The treasurer shall preserve the records for 2 years
25following the candidate's final campaign finance report for
26the election cycle. The candidate and treasurer shall submit

 

 

SB2127- 17 -LRB103 28347 BMS 54726 b

1photocopies of the records to the State Board upon its
2request.
3    (o) The State Board may not distribute revenues to
4certified candidates in excess of the total amount of money
5deposited into the Fund as set forth in Section 15.
6Notwithstanding any other provisions of this Act, if the State
7Board determines that the revenues in the Fund are
8insufficient to meet distributions under subsections (h) or
9(i) of this Section, the State Board may permit certified
10candidates to accept and spend contributions, reduced by any
11seed money contributions, aggregating no more than $500 per
12donor per election for gubernatorial candidates and $250 per
13donor per election for State Senate and State House
14candidates, up to the applicable amounts set forth in
15subsections (h) and (i) of this Section according to rules
16adopted by the State Board.
17    (p) A candidate who has been denied certification as an
18Illinois Clean Elections Act candidate, the opponent of a
19candidate who has been granted certification as an Illinois
20Clean Elections Act candidate, or other interested persons may
21challenge a certification decision by the State Board as
22follows:
23        (1) A challenger may appeal to the full State Board
24    within 7 days after the certification decision. The appeal
25    must be in writing and must set forth the reasons for the
26    appeal.

 

 

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1        (2) Within 5 days after an appeal is properly made and
2    after notice is given to the challenger and any opponent,
3    the State Board shall hold a hearing. The appellant has
4    the burden of providing evidence to demonstrate that the
5    State Board decision was improper. The State Board must
6    rule on the appeal within 3 days after the completion of
7    the hearing.
8        (3) A challenger may appeal the decision of the State
9    Board in paragraph (2) of this subsection by commencing an
10    action in circuit court.
11        (4) A candidate whose certification by the State Board
12    as an Illinois Clean Elections Act candidate is revoked on
13    appeal must return to the State Board any unspent revenues
14    distributed from the Fund.
15    If the State Board or court finds that an appeal was made
16frivolously or to cause delay or hardship, the State Board or
17court may require the moving party to pay costs of the State
18Board, court, and opposing parties, if any.
 
19    Section 25. Rules. The State Board shall adopt rules to
20ensure effective administration of this Act. These rules must
21include but must not be limited to procedures for obtaining
22qualifying contributions, certification as an Illinois Clean
23Elections Act candidate, circumstances involving special
24elections, vacancies, recounts, withdrawals or replacements,
25collection of revenues for the Fund, distribution of Fund

 

 

SB2127- 19 -LRB103 28347 BMS 54726 b

1revenue to certified candidates, return of unspent Fund
2disbursements, disposition of equipment purchased with Clean
3Elections Funds, and compliance with this Act.
 
4    Section 30. Violations.
5    (a) In addition to any other penalties that may be
6applicable, a person who violates any provision of this Act or
7rules of the State Board adopted pursuant to Section 25 of this
8Act is subject to a fine not to exceed $10,000 per violation
9payable to the Fund. The State Board may assess a fine of up to
10$10,000 for a violation of reporting requirements if it
11determines that the failure to file a timely and accurate
12report resulted in the late payment of matching funds. This
13fine is recoverable in a civil action. In addition to any fine,
14for good cause shown, a candidate, treasurer, consultant, or
15other agent of the candidate or the committee authorized by
16the candidate found in violation of this Act or rules of the
17State Board may be required to return to the Fund all amounts
18distributed to the candidate from the Fund or any funds not
19used for campaign-related purposes. If the State Board makes a
20determination that a violation of this Act or rules of the
21State Board has occurred, the State Board shall assess a fine
22or transmit the finding to the Attorney General for
23prosecution. Fines paid under this Section must be deposited
24into the Fund. In determining whether or not a candidate is in
25violation of the expenditure limits of this Act, the State

 

 

SB2127- 20 -LRB103 28347 BMS 54726 b

1Board may consider as a mitigating factor any circumstances
2out of the candidate's control.
3    (b) A person who willfully or knowingly violates this Act
4or rules of the State Board or who willfully or knowingly makes
5a false statement in any report required by this Act commits a
6business offense punishable by a fine of at least $1,001 and
7not more than $5,000 and, if certified as an Illinois Clean
8Elections Act candidate, must return to the Fund all amounts
9distributed to the candidate.
 
10    Section 35. Study report. By January 30, 2025 and every 4
11years after that date, the State Board shall prepare for the
12General Assembly a report documenting, evaluating, and making
13recommendations relating to the administration,
14implementation, and enforcement of this Act and the Illinois
15Clean Elections Fund. 
 
16    Section 90. The State Finance Act is amended by adding
17Section 5.990 as follows:
 
18    (30 ILCS 105/5.990 new)
19    Sec. 5.990. The Illinois Clean Elections Fund.
 
20    Section 95. The Illinois Income Tax Act is amended by
21adding Section 507MMM as follows:
 

 

 

SB2127- 21 -LRB103 28347 BMS 54726 b

1    (35 ILCS 5/507MMM new)
2    Sec. 507MMM. The Illinois Clean Elections Fund checkoff.
3For taxable years ending on or after December 31, 2023, the
4Department must print on its standard individual income tax
5form a provision indicating that if the taxpayer wishes to
6contribute to the Illinois Clean Elections Fund, as authorized
7by the Illinois Clean Elections Act, he or she may do so by
8stating the amount of the contribution (not less than $3) on
9the return and that the contribution will reduce the
10taxpayer's refund or increase the amount of payment to
11accompany the return. Failure to remit any amount of increased
12payment shall reduce the contribution accordingly. This
13Section does not apply to any amended return.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.