103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2360

 

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

 

SYNOPSIS AS INTRODUCED:
 
New Act
10 ILCS 5/Art. 7B heading new
10 ILCS 5/7B-5 new
10 ILCS 5/7B-10 new
10 ILCS 5/7B-15 new
10 ILCS 5/7B-25 new
10 ILCS 5/7B-30 new
10 ILCS 5/7B-35 new
10 ILCS 5/9-1.5  from Ch. 46, par. 9-1.5
30 ILCS 105/5.990 new
35 ILCS 5/506.7 new
35 ILCS 5/509  from Ch. 120, par. 5-509
705 ILCS 105/27.15 new

    Creates the Judicial Campaign Reform Act and amends the Election Code, the State Finance Act, the Illinois Income Tax Act, and the Clerks of Courts Act. Creates a voluntary program of public financing of election campaigns for the offices of judges of the Illinois Supreme Court and Appellate Courts, administered by the State Board of Elections. Establishes funding mechanisms and provides penalties for violations. Sets mandatory contribution limits with respect to all judicial election campaigns. Makes other changes. Effective January 1, 2025.


LRB103 28352 BMS 54732 b

 

 

A BILL FOR

 

SB2360LRB103 28352 BMS 54732 b

1    AN ACT concerning judicial elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Judicial Campaign Reform Act.
 
6    Section 5. Definitions. In this Act:
7    "Allowable contribution" means a qualifying contribution,
8a seed money contribution, or a personal contribution
9authorized by this Act.
10    "Board" or "State Board" means the State Board of
11Elections.
12    "Candidate" means any person seeking election to the
13office of Judge of the Illinois Supreme Court or Judge of the
14Illinois Appellate Court.
15    "Campaign" includes the primary election campaign period
16and the general election campaign period.
17    "General election campaign period" means the period
18beginning on the day after the general primary election and
19ending on the day of the general election.
20    "Electioneering communication expenditure" means an
21expenditure for electioneering communications as that term is
22defined in Article 9 of the Election Code.
23    "Eligible candidate" means a candidate who qualifies for

 

 

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

 

 

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

 

 

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1old, of the district in which the candidate seeks office and
2made during the public financing qualifying period that is
3acknowledged by written receipt identifying the contributor.
4An individual may make only one qualifying contribution per
5candidate.
6    "Qualifying report" is a list of all individual qualifying
7contributions.
8    "Seed money contribution" means a contribution in an
9amount of not more than $100 made to a candidate during the
10exploratory period or the public financing qualifying period
11or a contribution made to a candidate consisting of personal
12funds of that candidate in an amount not more than the amount
13authorized under Section 30 during the exploratory period or
14the public financing qualifying period.
 
15    Section 10. Qualification; certification.
16    (a) Before a candidate for nomination in the general
17primary election may be certified as an eligible candidate to
18receive a public financing benefit for the primary election
19campaign period, the candidate must apply to the State Board
20for a public financing benefit and file a sworn statement that
21the candidate has complied and will comply with all
22requirements of this Act throughout the applicable campaign,
23including the general primary election and the general
24election. A candidate must file the application and statement
25no later than the beginning of the primary election campaign.

 

 

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1    (b) The Board shall certify a candidate as an eligible
2candidate for receipt of public financing for a primary
3election if the candidate complies with subsection (a) and
4receives a number of qualifying contributions at least equal
5to 0.15% of the number of ballots cast in the judicial district
6in the last gubernatorial election from individual qualifying
7contributors before the close of the public financing
8qualifying period. The State Board may require candidates to
9file lists of qualifying contributions in electronic format.
10If so required, the State Board shall either (i) provide,
11without charge, all software necessary to comply with this
12requirement or (ii) ensure that the necessary software is
13commonly available to the public at minimal cost.
14    (c) The State Board shall verify a candidate's compliance
15with the requirements of subsection (b) by any verification
16and sampling techniques that the State Board considers
17appropriate.
18    (d) Each candidate shall acknowledge each qualifying
19contribution by a receipt to the contributor that contains the
20contributor's name and home address. A candidate shall file a
21qualifying report with the State Board of Elections.
22    (e) A qualifying contribution may be used only for the
23purpose of making an expenditure authorized by law.
 
24    Section 15. Time of application; general election.
25    (a) Before a candidate may be certified as eligible for

 

 

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

 

 

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1all requirements of this Act throughout the general election
2campaign period as a precondition to receipt of public
3financing. An eligible candidate who accepts a public
4financing benefit during a primary election campaign period
5may not elect to accept private contributions in violation of
6this Act during the corresponding general election campaign
7period.
 
8    Section 25. Requirements placed upon eligible candidates.
9    (a) An eligible candidate may not accept private
10contributions other than seed money contributions and
11qualifying contributions.
12    (b) In addition to reports required to be filed under the
13Election Code, a candidate who receives a public financing
14benefit must furnish complete financial records, including
15records of seed money contributions, qualifying contributions,
16and expenditures on the last day of each month.
17    (c) In addition to adhering to requirements imposed under
18the Election Code, a candidate who receives a public financing
19benefit must maintain records of all contributions of at least
20$5, including seed money contributions and qualifying
21contributions. These records shall contain the full name of
22the contributor and the contributor's full home address.
23    (d) The failure to record or provide the information
24specified in subsection (c) disqualifies a contribution from
25counting as a qualifying contribution.

 

 

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1    (e) No eligible candidate and no person acting on a
2candidate's behalf may accept any contribution that is not
3recorded in accordance with subsection (c) in a candidate's
4campaign account.
5    (f) No eligible candidate may accept more than $25 in cash
6from any contributor.
 
7    Section 30. Personal funds of candidates.
8    (a) The personal funds of an eligible candidate
9contributed as seed money contributions may not exceed an
10aggregate amount of $10,000. For the purpose of this Section,
11"personal funds" includes funds from the candidate's immediate
12family.
13    (b) No eligible candidate may make any expenditure derived
14from personal funds after the close of the public financing
15qualifying period.
16    (c) Eligible candidates shall not loan personal funds to
17their campaign.
 
18    Section 35. Seed money contributions.
19    (a) An eligible candidate may accept seed money
20contributions from any individual or political committee
21before the end of the public financing qualifying period, so
22long as the total contributions from one contributor, except
23personal funds and qualifying contributions otherwise
24permitted under this Act, do not exceed $100 and the aggregate

 

 

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1contributions, including personal funds, but not including
2qualifying contributions, do not exceed $30,000.
3    (b) An eligible candidate shall make expenditures from
4seed money contributions only during the exploratory period
5and the public financing qualifying period.
 
6    Section 40. Excess contributions. An amount equivalent to
7the excess contributions shall be deducted by the Board from
8the candidate's public financing benefit. A candidate shall
9return to the Board all seed money and personal contributions,
10including in-kind contributions, that exceed the limits
11prescribed in Section 35 within 48 hours after the end of the
12exploratory period. The Board shall deposit all contributions
13returned under this Section into the Illinois Judicial
14Election Democracy Trust Fund.
 
15    Section 45. Certification by candidate; line of credit.
16    (a) To apply for a public financing benefit, a candidate
17must certify to the State Board that the candidate has
18complied and will comply, throughout the applicable campaign,
19with all requirements of this Act and that all disclosures
20required at the time of application have been made. The
21candidate must present evidence of the requisite number of
22qualifying contributions received by the candidate. The
23candidate's request for certification must be signed by the
24candidate and the treasurer of the candidate's political

 

 

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1committee.
2    (b) The Board shall distribute to each eligible candidate
3at the general primary election a line of credit for public
4financing promptly after the candidate demonstrates his or her
5eligibility and, in any event, not later than 5 days after the
6end of the public financing qualifying period; however, no
7candidate may use a line of credit distributed under this
8subsection until the beginning of the primary election
9campaign period.
10    (c) The Board must distribute to each eligible candidate
11in the general election a line of credit for public financing
12not later than the earlier of (i) 48 hours after the official
13canvass and proclamation under Section 22-7 of the Election
14Code or (ii) 21 days after the date of the general primary
15election. No candidate may receive a line of credit until all
16candidates for Judge of the Illinois Supreme Court who apply
17and qualify for a public financing benefit have been certified
18as eligible candidates.
19    (d) If any candidate who receives a public financing
20benefit violates the requirements of this Act, the candidate
21shall be subject to the penalties and enforcement outlined in
22Section 70. The Board shall deposit all repayments received
23under this subsection into the Illinois Judicial Election
24Democracy Trust Fund.
 
25    Section 50. Public financing benefits.

 

 

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1    (a) The State Board must provide to each eligible
2candidate who qualifies to receive a public financing benefit
3for the primary or general election campaign period separate
4lines of credit for the primary and general election campaign
5periods in the amounts specified in this Section subject to
6any required adjustment under Section 40, 55, 60, or 80. An
7eligible candidate may use this credit to finance any lawful
8expenditures during the primary and general election campaign
9periods. An eligible candidate may not use this credit to
10repay any loan in violation of this Act or any other applicable
11law.
12        (b)(1) The total public financing benefit available to
13    eligible candidates for the office of Judge of the
14    Illinois Supreme Court for the primary and general
15    elections shall be $750,000, subject to adjustment by
16    subsection (e) of this Section.
17        (2) The total public financing benefit available to
18    eligible candidates for the office of Judge of the
19    Illinois Appellate Court for the primary and general
20    elections shall be $250,000, subject to adjustment by
21    subsection (e) of this Section.
22    (c) Matching funds that become available due to Section 55
23or Section 60 are not counted toward the public financing
24benefit. Eligible candidates may decide the allocation of
25their benefit between the primary election campaign period and
26the general election campaign period, however, no candidate

 

 

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1may allocate less than 20% or more than 80% during the primary
2election campaign period, nor may a candidate allocate more
3than 80% during the general election campaign period. Any
4portion of the benefit allocated but unspent or uncommitted
5for expenses at the close of the primary election campaign
6period is forfeited and may not be spent during the general
7election campaign period.
8        (d)(1) An eligible candidate who is unopposed, other
9    than by write-in candidates, in a primary election shall
10    receive a public financing allocation of $50,000 for the
11    primary election campaign period.
12        (2) Instead of the benefit in subsection (b), an
13    eligible candidate who is unopposed, other than by
14    write-in candidates, in a general election shall receive a
15    public financing allocation of $75,000 for the general
16    election campaign period.
17    (e) Beginning on April 1, 2009 and every 2 years
18thereafter, the Board shall modify the public financing
19benefits provided for in subsection (b) to adjust for the
20change in the Consumer Price Index, All Items, U. S. City
21Average, published by the United States Department of Labor
22for the preceding 2-year period ending on December 31.
 
23    Section 55. Reports on financial activity.
24    (a) In addition to other reports required by law, all
25candidates in the general primary election or the general

 

 

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1election who receive contributions or make or obligate to make
2expenditures in an amount more than 5% greater than the public
3financing benefit applicable to an eligible candidate for the
4same office shall file a report with the Board itemizing the
5total contributions received and expenditures made or
6obligated to be made by the candidate as of the date of the
7report. The Board shall transmit copies of the report to all
8candidates for that office and make the report available to
9the public in the manner of semi-annual disclosure reports.
10After filing that initial report, the candidate shall file
11additional reports after the candidate makes or obligates to
12make each additional $1,000 of expenditures. If the
13contributions are received or the expenditures are made or
14obligated to be made more than 6 weeks before the date of the
15general primary election or general election at which the name
16of the candidate appears on the ballot, the reports must be
17made by the date 6 weeks before the next election. If the
18contributions are received or the expenditures are made or
19obligated to be made within 6 weeks before the date of the
20general primary election or general election at which the name
21of the candidate appears on the ballot, the reports must be
22made within 24 hours after each instance in which a
23contribution is received or an expenditure is made or
24obligated to be made.
25    (b) Upon receipt of the information, the Board shall
26immediately notify all opposing eligible candidates. If an

 

 

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1opposing candidate makes expenditures or becomes obligated to
2make expenditures that exceed the public financing benefit, an
3eligible candidate may request matching funds up to the amount
4by which the expenditures or obligations of the opposing
5candidate exceed the public financing benefit. If an eligible
6candidate requests these matching funds, the Board shall
7immediately credit his or her account with an additional line
8of credit equivalent to the request, however, the sum total of
9matching funds credited to the candidate in the primary
10election campaign period and the general election campaign
11period for independent expenditures, electioneering
12communication expenses under Section 60, and nonparticipating
13expenses may not exceed the value of the public financing
14benefit. Any matching funds requested but not spent or
15committed at the conclusion of the primary election campaign
16period are forfeited and may not be spent during the general
17election campaign period.
 
18    Section 60. Independent expenditures and electioneering
19communications.
20    (a) If any person makes, or becomes obligated to make, by
21oral or written agreement an independent expenditure or
22electioneering communications in excess of $3,000 with respect
23to a candidate in a general primary or general election, that
24person shall file with the Board a notice of such expenditure
25or obligation to make such an expenditure. Any such person

 

 

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

 

 

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1primary election campaign period are forfeited and may not be
2spent during the general election campaign period.
 
3    Section 65. Illinois Judicial Election Democracy Trust
4Fund.
5    (a) All moneys collected under Sections 40, 45, and 70 of
6this Act shall be deposited into the Illinois Judicial
7Election Democracy Trust Fund and may be used by the State
8Board of Elections for the purposes of this Act. The State
9Treasurer, in consultation with the Board, shall contract with
10a debit card issuer to permit eligible candidates and their
11agents to draw upon moneys appropriated from the Trust Fund
12through an account with the card issuer.
13    (b) Upon a determination of a candidate's eligibility for
14a public financing benefit as provided for in subsection (a)
15of Section 45, the State Treasurer must issue to the eligible
16candidate a debit card, known as the fair election debit card,
17entitling the candidate and agents of the candidate designated
18by the candidate to draw money from an account to make
19expenditures on behalf of the candidate.
20    (c) No eligible candidate or agent of an eligible
21candidate may make any expenditure by any means other than
22through the use of the fair election debit card. No such
23candidate or agent may use a fair election debit card to obtain
24cash, except that cash amounts of $100 or less may be drawn on
25the fair election debit card and used to make expenditures of

 

 

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1no more than $25 each. A candidate must maintain records of all
2such expenditures and must report the expenditures to the
3State Board in accordance with Section 25.
4    (d) The State Board of Elections may draw upon funds in the
5Illinois Judicial Election Democracy Trust Fund to support the
6administration of the program. These funds may be used only to
7pay costs to the State Board that are directly associated with
8the administration of the program, including, but not limited
9to, ensuring compliance with this Act and promoting the income
10tax checkoff. These administrative reimbursements shall be
11limited to 1% of the Trust Fund balance in fiscal years when
12there is no eligible seat on the ballot or 5% of the Trust Fund
13balance in fiscal years when there is an eligible seat on
14either a primary or general election ballot.
 
15    Section 70. Penalties; enforcement.
16    (a) If an eligible candidate makes expenditures that
17exceed the public financing benefit allocated to the candidate
18for any campaign, the Board shall require the candidate to
19forfeit to the Illinois Judicial Election Democracy Trust Fund
20an amount equal to not more than 10 times and not less than 2
21times the amount by which the expenditures exceeded the
22allocation.
23    (b) The Board shall require any eligible candidate who
24accepts contributions in excess of any limitation set by this
25Act to forfeit to the Illinois Judicial Election Democracy

 

 

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1Trust Fund an amount equal to not more than 10 times and not
2less than 2 times the amount by which the contributions exceed
3the applicable limitation.
4    (c) If the Board finds that there is reasonable cause to
5believe that a candidate has made excess expenditures or has
6accepted excess contributions in violation of the Act, the
7Board must attempt for a period of not more than 14 days after
8its finding to correct the matter by informal methods of
9conference and conciliation and to enter into a settlement and
10conciliation agreement with the candidate involved. A
11settlement and conciliation agreement made under this
12subsection is a public record. Unless violated, a settlement
13and conciliation agreement is a bar to any civil action under
14subsection (d).
15    (d) If the Board has reasonable cause to believe that a
16candidate has made excess expenditures or has accepted excess
17contributions and the Board is unable to correct the matter by
18informal methods within the time prescribed in subsection (c),
19the Board must make a public finding of reasonable cause in the
20matter. After making a public finding, the Board may bring an
21action in the circuit court to impose a forfeiture under
22subsection (a) or (b).
23    (e) If an elector believes that a candidate has violated
24this Act and the elector is entitled to vote for or against the
25candidate in the election in connection with which the
26violation is alleged to have occurred, the elector may file a

 

 

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1complaint with the Board requesting it to take remedial
2action. If the Board refuses to take remedial action or,
3within 30 days after the filing of a complaint, fails to take
4remedial action, the elector may commence a civil action in an
5appropriate circuit court requesting the court to impose a
6forfeiture under subsection (a) or (b).
7    (f) The Board and the circuit court must expedite all
8proceedings under this Section so that all complaints brought
9before an election are resolved, to the extent possible,
10before the election is held.
11    (g) If a complaint brought under this Section is resolved
12against the complainant and is found to have been brought in
13bad faith and without reasonable basis therefor, the circuit
14court may assess costs, including reasonable attorney fees,
15against the complainant.
 
16    Section 75. Prohibited acts.
17    (a) If an eligible candidate or agent of an eligible
18candidate knowingly accepts more contributions than the
19candidate is entitled to receive or makes expenditures
20exceeding the amount of the public financing benefit received
21by the candidate, the candidate or agent is guilty of a Class 3
22felony.
23    (b) If a candidate who receives a public financing
24benefit, or an agent of that candidate, knowingly makes an
25expenditure by means other than those allowed by this Act, the

 

 

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1candidate or agent is guilty of a Class 3 felony.
2    (c) If, in connection with the receipt or expenditure of a
3public financing benefit for an election campaign, any person
4knowingly provides false information to the Board, or
5knowingly conceals or withholds information from the Board,
6that person is guilty of a Class 3 felony.
 
7    Section 90. Deposits into Illinois Judicial Election
8Democracy Trust Fund.
9    (a) The Department of Revenue shall transfer to the
10Illinois Judicial Election Democracy Trust Fund any amounts
11contributed to the Illinois Judicial Election Democracy Trust
12Fund collected pursuant to Section 506.7 of the Illinois
13Income Tax Act.
14    (b) The Treasurer shall deposit into the Illinois Judicial
15Election Democracy Trust Fund all amounts collected by the
16clerks of courts under Section 27.10 of the Clerks of Courts
17Acts and transferred to the Treasurer.
 
18    Section 105. Voluntary contributions. Individuals and
19other entities may make direct voluntary contributions to the
20Illinois Judicial Election Democracy Trust Fund. However,
21contributions may not exceed $1,000 per calendar year.
 
22    Section 110. Fund operational. The Illinois Judicial
23Election Democracy Trust Fund shall become operational when

 

 

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1the Fund has attained $5,000,000.
 
2    Section 115. Severability. The provisions of this Act are
3severable. If any provision of this Act is held invalid by a
4court of competent jurisdiction, the invalidity does not
5affect other provisions of the Act that can be given effect
6without the invalid provision.
 
7    Section 900. The Election Code is amended by adding
8Article 7B and by changing Section 9-1.5 as follows:
 
9    (10 ILCS 5/Art. 7B heading new)
10
ARTICLE 7B.
11
JUDICIAL CAMPAIGN CONTRIBUTION LIMITS

 
12    (10 ILCS 5/7B-5 new)
13    Sec. 7B-5. Definitions. As used in this Article:
14    "Association" means any group, club, meeting, collective,
15membership organization, or collection of persons other than a
16corporation or labor organization, or any entity organized
17under Sections 501 or 527 of the Internal Revenue Code, except
18that an association does not include a political committee
19organized under Article 9 that qualifies as a judicial fund
20under this Article.
21    "Board" means the State Board of Elections.
22    "Candidate" or "judicial candidate" means any person who

 

 

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1seeks nomination for election to, election to, or retention in
2judicial office, whether or not the person is nominated,
3elected, or retained. A person seeks nomination for election,
4election, or retention if he or she (i) takes the action
5necessary under the laws of this State to attempt to qualify
6for nomination for election to, election to, or retention in
7judicial office or (ii) receives contributions or makes
8expenditures, or gives consent for any other person to receive
9contributions or make expenditures, with a view to bringing
10about his or her nomination for election to, election to, or
11retention in judicial office.
12    "Clearly identified" means that:
13        (A) the name, voice, image, or likeness of a candidate
14    appears; or
15        (B) the identity of the candidate is apparent by
16    unambiguous reference.
17    "Contribution" means:
18        (A) any contribution as that term is defined in
19    Article 9, or
20        (B) a payment for any activity in support of or in
21    opposition to any judicial candidate or for electioneering
22    communications in relation to any judicial candidate if
23    such activity or communications is conducted in concert or
24    cooperation with the political committee of any judicial
25    candidate.
26        (C) "Contribution" does not include:

 

 

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1            (i) Communications on any subject by a corporation
2        to its stockholders and executive or administrative
3        personnel and their families, by a labor organization
4        to its members and their families, or by an
5        association to its members and their families.
6            (ii) Nonpartisan registration and get-out-the-vote
7        campaigns by a corporation aimed at its stockholders
8        and executive or administrative personnel and their
9        families, by a labor organization aimed at its members
10        and their families, or by an association aimed at its
11        members and their families.
12            (iii) The establishment, administration, and
13        solicitation of contributions to a separate segregated
14        fund to be used for political purposes by a
15        corporation, labor organization, or association.
16            (iv) A secured loan of money by a national or State
17        bank made in accordance with the applicable banking
18        laws and regulations and in the ordinary course of
19        business, if the security for the loan, if provided by
20        a person other than the candidate or his or her
21        committee, would qualify as a contribution or
22        expenditure.
23            (v) A distribution of funds from the Illinois
24        Judicial Election Democracy Trust Fund.
25    "Corporation" includes a limited liability company,
26partnership, professional practice, cooperative, or sole

 

 

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1proprietorship, whether organized on a for-profit or nonprofit
2basis.
3    "Election" means:
4        (A) a general primary election or general election, or
5        (B) a retention election as that term is used in
6    Article 7A.
7    "Election period" means:
8        (A) the period beginning one year before the date of
9    any general primary election for a judicial office and
10    ending the day of the general primary election;
11        (B) the period beginning on the day after the general
12    primary election for a judicial office and ending 90 days
13    after the general election for that judicial office; or
14        (C) the period beginning on the date on which a
15    sitting judge declares for retention and ending 90 days
16    after the retention election.
17    "Expenditure" means:
18        (A) any expenditure as that term is defined in Article
19    9, or
20        (B) any contract, promise, or agreement, whether
21    written or oral, to make an expenditure in concert or
22    cooperation with the political committee of a judicial
23    candidate, regardless of when the funds are actually
24    disbursed.
25    "Independent expenditure" means an expenditure by a
26person:

 

 

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1        (A) expressly advocating the election or defeat of a
2    clearly identified candidate or engaging in electioneering
3    communications in relation to a candidate; and
4        (B) that is not made in concert or cooperation with or
5    at the request or suggestion of the candidate, the
6    candidate's designated political committee, or agents of
7    the candidate or committee.
8    "Judicial fund" means any political committee organized
9under Article 9 that receives contributions only from donors
10aggregating not more than the amount designated in Section
117B-15.
12    "Labor organization" means any organization of any kind or
13any agency or employee representation committee or plan in
14which employees participate and that exists for the purpose,
15in whole or in part, of dealing with employers concerning
16grievances, labor disputes, wages, rates of pay, hours of
17employment, or conditions of work.
18    "Natural person" means any one human being.
19    "Person" includes an individual, trust, partnership,
20committee, association, corporation, labor organization, or
21any other organization or group of persons, including a
22political committee organized under Article 9.
 
23    (10 ILCS 5/7B-10 new)
24    Sec. 7B-10. Designated political committee.
25    (a) Each candidate shall designate in writing one and only

 

 

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1one judicial fund to serve as the political committee of the
2candidate. The designation is irrevocable for the duration of
3the candidacy and shall be filed with the State Board of
4Election.
5    (b) The name of the designated committee shall include the
6name of the candidate who designated the committee under
7subsection (a). No political committee that is not a
8designated committee may include the name of that candidate in
9its name.
10    (c) All designations required to be filed under this
11Article shall be filed with the Board. The Board shall retain
12these designations and make them available for public
13inspection and copying in the same manner as statements of
14organization required under Article 9.
 
15    (10 ILCS 5/7B-15 new)
16    Sec. 7B-15. Limitation on contributions.
17    (a) No person shall make contributions to a
18candidate-designated political committee, except that:
19        (1) Natural persons may contribute no more than $2,000
20    per election period.
21        (2) Judicial funds established by a State political
22    party may contribute not more than $20,000 during the
23    election period that includes the general election; all
24    committees established by a State political party, under
25    State or federal law, shall be considered as one committee

 

 

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1    for the purpose of this Section.
2        (3) Any other judicial fund may contribute no more
3    than $5,000 during an election period.
4        (4) A corporation, labor organization, or association
5    may contribute from its own treasuries no more than $2,000
6    during each election period. All contributions from
7    associated entities, including political committees for
8    which the corporation, labor organization, or association
9    is the sponsoring entity, shall be aggregated for the
10    purposes of this Section.
11    (b) No contributor may contribute in aggregate more than
12$20,000 to judicial funds during any election period.
13    (c) On January 1 of every odd-numbered year, the State
14Board of Election shall adjust the limits established in
15subsection (a) for inflation as determined by the Consumer
16Price Index for All Urban Consumers as determined by the
17United States Department of Labor and rounded to the nearest
18$100.
19    (d) In any instance where (i) a corporation and any of its
20subsidiaries, branches, divisions, departments, or local
21units; (ii) a labor organization and any of its subsidiaries,
22branches, divisions, departments, or local units; or (iii) an
23association or any of its affiliates, subsidiaries, branches,
24divisions, departments, or local units contribute to a
25candidate's political committee, all such contributions shall
26be treated as from a single donor for the purposes of

 

 

SB2360- 28 -LRB103 28352 BMS 54732 b

1subsection (a).
2    (e) For the purposes of the limitations provided by
3subsection (a), a candidate's designated political committee
4and any other committee directly or indirectly established,
5financed, maintained, or controlled by that candidate, or
6working in concert or cooperation with the candidate's
7designated committee, shall be considered to be a single
8political committee.
9    (f) With respect to expenditures:
10        (1) Expenditures made by any person in concert or
11    cooperation with, or at the request or suggestion of, a
12    candidate, his or her designated committee, or their
13    agents shall be considered a contribution to the
14    candidate's designated committee and, together with all
15    other contributions from that same source, are subject to
16    the limits of this Section.
17        (2) The financing by any person of the dissemination,
18    distribution, or republication, in whole or in part, of
19    any broadcast or any written, graphic, or other form of
20    campaign materials prepared by the candidate, his or her
21    campaign committee, or their designated agents shall be
22    considered to be a contribution to the candidate's
23    designated committee for the purposes of this subsection
24    and, together with all other contributions from that same
25    source, are subject to the limits of this Section.
26    (g) For the purposes of the limitations designated by this

 

 

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1Section, all contributions made by a person, either directly
2or indirectly, to a particular candidate's designated
3committee, including contributions that are in any way
4earmarked or otherwise directed through an intermediary or
5conduit to the candidate, shall be treated as contributions
6from the person to the candidate-designated committee. The
7intermediary or conduit shall report the original source and
8the intended recipient of the contribution to the Board and to
9the intended recipient.
10    (h) No candidate or political committee shall knowingly
11accept any contribution or make any expenditure in violation
12of the provisions of this Section. No officer or employee of a
13political committee shall knowingly accept a contribution made
14for the benefit or use of a candidate or knowingly make any
15expenditure in support of or opposition to a candidate or for
16electioneering communications in relation to a candidate in
17violation of any limitation designated for contributions and
18expenditures under this Section.
 
19    (10 ILCS 5/7B-25 new)
20    Sec. 7B-25. Prohibition of anonymous contributions and
21contributions in the name of another.
22    (a) No person shall make a contribution in the name of
23another person or knowingly permit his or her name to be used
24to effect such a contribution.
25    (b) No person shall knowingly accept a contribution made

 

 

SB2360- 30 -LRB103 28352 BMS 54732 b

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

 

 

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1the Board shall assess an additional penalty of at least
2$1,000 and not more than $5,000 for a first violation and of at
3least $3,000 and not more than $10,000 for second and
4subsequent violations.
 
5    (10 ILCS 5/7B-30 new)
6    Sec. 7B-30. Complaints.
7    (a) The Board may receive complaints alleging that a
8violation of this Article has occurred. The Board may bring
9complaints and investigations on its own initiative when the
10Board has reason to believe that a violation of this Article
11has occurred.
12    (b) Upon receipt of a complaint, the Board shall hold a
13closed preliminary hearing to determine whether or not the
14complaint appears to have been filed on justifiable grounds.
15The closed preliminary hearing shall be conducted as soon as
16practicable after affording reasonable notice, a copy of the
17complaint, and an opportunity to testify at the hearing to
18both the person making the complaint and the person against
19whom the complaint is directed. If the Board determines that
20the complaint has not been filed on justifiable grounds, it
21shall dismiss the complaint without further hearing.
22    (c) The Board shall have the authority to adopt procedural
23rules governing the filing and hearing of complaints under
24this Section that are not inconsistent with this Article.
25    (d) In addition to any other penalties authorized by this

 

 

SB2360- 32 -LRB103 28352 BMS 54732 b

1Section, the State Board of Elections, any political
2committee, or any person may apply to the circuit court for a
3temporary restraining order or a preliminary or permanent
4injunction against a political committee, judicial fund, or
5entity, whether registered with the Board under this Article
6or not, to cease the expenditure of funds and to cease
7operations until the committee, judicial fund, or entity is in
8compliance with this Article.
 
9    (10 ILCS 5/7B-35 new)
10    Sec. 7B-35. Penalties. In addition to any other penalties
11established by this Article or other law:
12        (1) All contributions in violation of this Article
13    escheat to the State;
14        (2) Any person who knowingly violates any of the
15    provisions of this Article shall be fined the greater of
16    $10,000 or three times the value of the illegal
17    contribution or expenditure; and
18        (3) The Board shall provide a written basis for any
19    decision issued under this Article. If the Board fails to
20    make a final determination, or if a majority of the Board
21    is unable to agree on a final determination, within 90
22    days after the filing of the complaint, then the
23    complainant, within 180 days after the filing of the
24    complaint, may bring a cause of action in any circuit
25    court of the State for de novo review.
 

 

 

SB2360- 33 -LRB103 28352 BMS 54732 b

1    (10 ILCS 5/9-1.5)  (from Ch. 46, par. 9-1.5)
2    Sec. 9-1.5. Expenditure.
3    (A) "Expenditure" means:
4        (1) a payment, distribution, purchase, loan, advance,
5    deposit, gift of money, or anything of value, in
6    connection with the nomination for election, election, or
7    retention of any person to or in public office or in
8    connection with any question of public policy;
9        (2) a payment, distribution, purchase, loan, advance,
10    deposit, gift of money, or anything of value that
11    constitutes an electioneering communication made in
12    concert or cooperation with or at the request, suggestion,
13    or knowledge of a candidate, a political committee, or any
14    of their agents; or
15        (3) a transfer of funds by a political committee to
16    another political committee.
17    (B) "Expenditure" does not include:
18        (a) the use of real or personal property and the cost
19    of invitations, food, and beverages, voluntarily provided
20    by an individual in rendering voluntary personal services
21    on the individual's residential premises for
22    candidate-related activities; provided the value of the
23    service provided does not exceed an aggregate of $150 in a
24    reporting period; or
25        (b) the sale of any food or beverage by a vendor for

 

 

SB2360- 34 -LRB103 28352 BMS 54732 b

1    use in a candidate's campaign at a charge less than the
2    normal comparable charge, if such charge for use in a
3    candidate's campaign is at least equal to the cost of such
4    food or beverage to the vendor.
5        (4) a payment for electioneering communications.
6(Source: P.A. 96-832, eff. 1-1-11.)
 
7    Section 905. The State Finance Act is amended by adding
8Section 5.990 as follows:
 
9    (30 ILCS 105/5.990 new)
10    Sec. 5.990. The Illinois Judicial Election Democracy Trust
11Fund.
 
12    Section 910. The Illinois Income Tax Act is amended by
13changing Section 509 and by adding Section 506.7 as follows:
 
14    (35 ILCS 5/506.7 new)
15    Sec. 506.7. Designation of tax to the Illinois Judicial
16Election Democracy Trust Fund. The Department shall print on
17its standard individual income tax form a provision indicating
18that if the taxpayer wishes to contribute to the Illinois
19Judicial Election Democracy Trust Fund, as authorized by this
20amendatory Act of the 103rd General Assembly, he or she may do
21so by stating the amount of the contribution (not less than $1)
22on the return and that the contribution will reduce the

 

 

SB2360- 35 -LRB103 28352 BMS 54732 b

1taxpayer's refund or increase the amount of payment to
2accompany the return. Failure to remit any amount of the
3increased payment shall reduce the contribution accordingly.
4This Section does not apply to any amended return. This tax
5checkoff applies to income tax forms for taxable years 2025
6and thereafter.
 
7    (35 ILCS 5/509)  (from Ch. 120, par. 5-509)
8    Sec. 509. Tax checkoff explanations.
9    (a) All individual income tax return forms shall contain
10appropriate explanations and spaces to enable the taxpayers to
11designate contributions to the funds to which contributions
12may be made under this Article 5.
13    (b) Each form shall contain a statement that the
14contributions will reduce the taxpayer's refund or increase
15the amount of payment to accompany the return. Failure to
16remit any amount of increased payment shall reduce the
17contribution accordingly.
18    (c) If, on October 1 of any year, the total contributions
19to any one of the funds made under this Article 5, except the
20Illinois Judicial Election Democracy Trust Fund, do not equal
21$100,000 or more, the explanations and spaces for designating
22contributions to the fund shall be removed from the individual
23income tax return forms for the following and all subsequent
24years and all subsequent contributions to the fund shall be
25refunded to the taxpayer. This contribution requirement does

 

 

SB2360- 36 -LRB103 28352 BMS 54732 b

1not apply to the Diabetes Research Checkoff Fund checkoff
2contained in Section 507GG of this Act.
3    (d) Notwithstanding any other provision of law, the
4Department shall include the Hunger Relief Fund checkoff
5established under Section 507SS on the individual income tax
6form for the taxable year beginning on January 1, 2012. If, on
7October 1, 2013, or on October 1 of any subsequent year, the
8total contributions to the Hunger Relief Fund checkoff do not
9equal $100,000 or more, the explanations and spaces for
10designating contributions to the fund shall be removed from
11the individual income tax return forms for the following and
12all subsequent years and all subsequent contributions to the
13fund shall be refunded to the taxpayer.
14(Source: P.A. 96-328, eff. 8-11-09; 97-1117, eff. 8-27-12.)
 
15    Section 915. The Clerks of Courts Act is amended by adding
16Section 27.15 as follows:
 
17    (705 ILCS 105/27.15 new)
18    Sec. 27.15. Illinois Judicial Election Democracy Trust
19Fund. The clerk shall transfer $1 from each filing or
20appearance fee paid in accordance with Section 27.1, 27.1a,
2127.2, or 27.2a to the State Treasurer for deposit into the
22Illinois Judicial Election Democracy Trust Fund. To defray
23that expense, the county board may, by resolution, require the
24clerk of the circuit court in the county to charge and collect

 

 

SB2360- 37 -LRB103 28352 BMS 54732 b

1an Illinois Judicial Election Democracy Trust Fund fee of not
2more than $1, which shall be paid at the time that any filing
3or appearance fee is paid. The fee shall be collected in the
4manner in which all other fees or costs are collected. Each
5clerk shall commence the charges and collection upon receipt
6of written notice from the chairman of the county board
7together with a certified copy of the board's resolution. The
8clerk shall file the resolution of record in his or her office.
9The fee shall be in addition to all other fees and charges of
10the clerks shall be assessable as costs, and may be waived only
11if the judge specifically provides for the waiver of the
12Illinois Judicial Election Democracy Trust Fund fee. The fees
13shall be remitted monthly by the clerk for deposit into the
14Illinois Judicial Election Democracy Trust Fund.
 
15    Section 999. Effective date. This Act takes effect January
161, 2025.