Full Text of SB1424 100th General Assembly
SB1424eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be referred to as the | 5 | | Small Donor Democracy Matching System for Fair Elections Act. | 6 | | Section 5. The Election Code is amended by changing Section | 7 | | 9-25.1 and by adding Article 9A as follows:
| 8 | | (10 ILCS 5/9-25.1) (from Ch. 46, par. 9-25.1; formerly Ch. | 9 | | 46, pars. 102, 103 and 104)
| 10 | | Sec. 9-25.1. Election interference.
| 11 | | (a) As used in this Section, "public funds" means any funds | 12 | | appropriated
by the Illinois General Assembly or by any | 13 | | political subdivision of the
State of Illinois.
| 14 | | (b) No public funds shall be used to urge any elector to | 15 | | vote for or
against any candidate or proposition, or be | 16 | | appropriated for political or
campaign purposes to any | 17 | | candidate or political organization. This Section
shall not | 18 | | prohibit the use of public funds for dissemination of factual
| 19 | | information relative to any proposition appearing on an | 20 | | election ballot,
or for dissemination of information and | 21 | | arguments published and distributed
under law in connection | 22 | | with a proposition to amend the Constitution
of the State of |
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| 1 | | Illinois. However, this Section does not apply to funds | 2 | | expended in connection with the campaign contribution matching | 3 | | program established in Article 9A of this Code or similar | 4 | | systems of public financing for elections established by a home | 5 | | rule unit of government.
| 6 | | (c) The first time any person violates any provision of | 7 | | this Section, that
person shall be guilty of a Class B | 8 | | misdemeanor. Upon the second or any
subsequent violation of any | 9 | | provision of this Section, the person violating
any provision | 10 | | of this Section shall be guilty of a Class A misdemeanor.
| 11 | | (Source: P.A. 87-1052.)
| 12 | | (10 ILCS 5/Art. 9A heading new) | 13 | | ARTICLE 9A. CAMPAIGN CONTRIBUTION MATCHING | 14 | | (10 ILCS 5/9A-5 new) | 15 | | Sec. 9A-5. Legislative findings. The General Assembly | 16 | | finds that the current campaign finance system: | 17 | | (1) discourages many otherwise qualified candidates | 18 | | from running for office because of the need to raise | 19 | | substantial sums of money to be competitive and to enable | 20 | | them to adequately get their message out to voters; | 21 | | (2) forces candidates to raise larger and larger | 22 | | percentages of money from interest groups that have a | 23 | | specific financial stake in matters before state | 24 | | government to keep pace with rapidly increasing campaign |
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| 1 | | costs; | 2 | | (3) diminishes elected officials' accountability to | 3 | | their constituents by compelling them to be | 4 | | disproportionately accountable to the relatively small | 5 | | group of contributors who finance their election | 6 | | campaigns; | 7 | | (4) diminishes the rights of all citizens to equal and | 8 | | meaningful participation in the democratic process; | 9 | | (5) disadvantages challengers, because campaign | 10 | | contributors tend to give their money to incumbents, thus | 11 | | causing elections to be less competitive; | 12 | | (6) burdens candidates with the incessant rigors of | 13 | | fundraising and thus decreases the time available to carry | 14 | | out their public responsibilities; and | 15 | | (7) necessitates the creation of a Fair Elections Small | 16 | | Donor Matching System to address these concerns. | 17 | | (10 ILCS 5/9A-10 new) | 18 | | Sec. 9A-10. Scope. The program created under this Article | 19 | | applies to candidates for the offices of Governor, Attorney | 20 | | General, State Comptroller, State Treasurer, Secretary of | 21 | | State, State Senator, and State Representative. Candidates for | 22 | | these offices are eligible to participate in the matching funds | 23 | | program established by this Article. | 24 | | (10 ILCS 5/9A-15 new) |
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| 1 | | Sec. 9A-15. Definitions. As used in this Article: | 2 | | "Board" means the Campaign Finance Board of the State Board | 3 | | of Elections created under this Article. | 4 | | "Candidate" means any person who seeks nomination for | 5 | | election, election to, or retention in public office as a | 6 | | Constitutional State Officer or a member of the Illinois Senate | 7 | | or General Assembly. A person seeks nomination for election, | 8 | | election, or retention if he or she (1) takes the action | 9 | | necessary under the laws of this State to attempt to qualify | 10 | | for nomination for election, election to, or retention in | 11 | | public office or (2) receives contributions or makes | 12 | | expenditures, or gives consent for any other person to receive | 13 | | contributions or make expenditures with a view to bringing | 14 | | about his or her nomination for election or election to or | 15 | | retention in public office. | 16 | | "Contribution" has the meaning ascribed to it in Section | 17 | | 9-1.4 of this Code, but does not include anything deemed an | 18 | | independent expenditure under this Article. | 19 | | "Coordination" means an expenditure made in cooperation, | 20 | | consultation, or concert with or at the request or suggestion | 21 | | of a candidate, an authorized committee of a candidate, a | 22 | | political committee of a political party, or agents of the | 23 | | candidate or candidate political committee, or any payment for | 24 | | any communication which republishes, disseminates, or | 25 | | distributes, in whole or in part, any broadcast or any written, | 26 | | graphic, or other form of campaign material prepared by the |
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| 1 | | candidate or his or her candidate political committee or their | 2 | | agents. | 3 | | "Election cycle" means the time beginning on the January 1 | 4 | | following a general election and ending on the December 31 | 5 | | following the next general election. | 6 | | "Expenditure" means: | 7 | | (1) a payment, distribution, purchase, loan, advance, | 8 | | deposit, gift of money, or anything of value, in connection | 9 | | with the nomination for election, election, or retention of | 10 | | any person to or in public office or in connection with any | 11 | | question of public policy; or | 12 | | (2) a payment, distribution, purchase, loan, advance, | 13 | | deposit, gift of money, or anything of value that | 14 | | constitutes an electioneering communication made in | 15 | | concert or cooperation with or at the request, suggestion, | 16 | | or knowledge of a candidate, a political committee, or any | 17 | | of their agents; or a transfer of funds by a political | 18 | | committee to another political committee. | 19 | | However, "expenditure" does not include: | 20 | | (A) the use of real or personal property and the cost | 21 | | of invitations, food, and beverages, voluntarily provided | 22 | | by an individual in rendering voluntary personal services | 23 | | on the individual's residential premises for | 24 | | candidate-related activities; provided the value of the | 25 | | service provided does not exceed an aggregate of $150 in a | 26 | | reporting period as the Board may further define; or |
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| 1 | | (B) sale of any food or beverage by a vendor for use in | 2 | | a candidate's campaign at a charge less than the normal | 3 | | comparable charge, if such charge for use in a candidate's | 4 | | campaign is at least equal to the cost of such food or | 5 | | beverage to the vendor. | 6 | | "Fund" means the Small Donor Democracy Matching Fund | 7 | | established under this Article. | 8 | | "Immediate family" means a person's parents, siblings, | 9 | | spouse, and children. | 10 | | "Independent expenditure" means an expenditure by anyone, | 11 | | including, but not limited to, any individual, corporation, | 12 | | partnership, political action committee, association, or | 13 | | party, that would otherwise constitute a contribution or | 14 | | expenditure under this Article, but that is made without any | 15 | | cooperation, consultation, or agreement with any political | 16 | | candidate. | 17 | | "Initial qualifying contribution" means a qualified | 18 | | contribution used for the purpose of determining whether a | 19 | | candidate has raised the minimum number of contributions to | 20 | | participate in the small donor matching funds system under this | 21 | | Article. | 22 | | "Matching funds" means funds paid to a participating | 23 | | candidate under this Article. | 24 | | "Matching funds program" means the campaign donation | 25 | | matching funds program created under this Article. | 26 | | "Nomination period" means the period specified under this |
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| 1 | | Code during which candidates must submit nomination papers for | 2 | | any of the State offices covered by this Article. | 3 | | "Non-participating candidate" means any candidate who is | 4 | | not a participating candidate, including any candidate who has | 5 | | not qualified for matching funds or who has elected not to | 6 | | participate in the matching funds program. | 7 | | "Participating candidate" means a candidate who qualifies | 8 | | for matching funds under this Article and opts to participate | 9 | | in the matching funds program created under this Article. | 10 | | "Qualified contribution" means a monetary contribution not | 11 | | less than $25 and not greater than the initial $150 of any | 12 | | contribution made by a qualified contributor. | 13 | | "Qualified contributor" means a natural person resident in | 14 | | the State who will be eligible to vote within the current | 15 | | election cycle other than the candidate, members of the | 16 | | candidate's immediate family, and any political action | 17 | | committee controlled by the candidate. | 18 | | "Qualifying period" means the period beginning the day | 19 | | after the date of the most recent general election for the | 20 | | specific office or seat that a candidate is seeking and ending | 21 | | on the day prior to the election (whether primary or general | 22 | | election) for which the matching funds are sought. | 23 | | (10 ILCS 5/9A-20 new) | 24 | | Sec. 9A-20. Small Donor Democracy Matching Fund. | 25 | | (a) There is created a Small Donor Democracy Matching Fund |
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| 1 | | as a special fund in the State treasury. The Fund is | 2 | | established for the purposes of: | 3 | | (1) providing public financing for the election | 4 | | campaigns of participating candidates under this Article; | 5 | | and | 6 | | (2) paying for the administrative and enforcement | 7 | | costs of the Board related to the matching funds program | 8 | | created by this Article. | 9 | | (b) The General Assembly may annually appropriate either $1 | 10 | | per resident of this State or one-twentieth of 1% of the | 11 | | State's annual budget, whichever is greater, to the Fund. The | 12 | | General Assembly shall appropriate no more than $50,000,000 to | 13 | | the Fund in any election cycle. | 14 | | (c) Other revenue that shall be deposited into the Fund | 15 | | includes: | 16 | | (1) any funds returned by any participating candidate | 17 | | that remain unspent by a participating candidate following | 18 | | the date of the election for which they were distributed, | 19 | | in accordance with subsection (c) of Section 9A-55 of this | 20 | | Code; | 21 | | (2) fines levied by the Board or courts against | 22 | | candidates for violations of this Code, except as otherwise | 23 | | provided by this Code; and | 24 | | (3) voluntary donations made directly to the Fund. | 25 | | (10 ILCS 5/9A-25 new) |
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| 1 | | Sec. 9A-25. Eligibility for matching funds. | 2 | | (a) To be eligible to be certified as a participating | 3 | | candidate, a candidate must: | 4 | | (1) during the qualifying period for the election | 5 | | involved, choose to participate in the matching funds | 6 | | program by filing with the Board a written application for | 7 | | certification as a participating candidate in such form as | 8 | | may be prescribed by the Board, containing the identity of | 9 | | the participating candidate, the office that the | 10 | | participating candidate seeks, and the participating | 11 | | candidate's signature, under penalty of perjury, | 12 | | certifying that: | 13 | | (A) the participating candidate has complied since | 14 | | the last election or the effective date of this | 15 | | amendatory Act of the 100th General Assembly, | 16 | | whichever is most recent, and will continue to comply, | 17 | | with the restrictions of this Article during the | 18 | | applicable election cycle; a candidate who has | 19 | | accepted impermissible contributions prior to filing | 20 | | to participate in this program shall return any such | 21 | | impermissible contributions prior to filing to | 22 | | participate in this matching funds program to the | 23 | | extent practical, as determined by the Board in adopted | 24 | | rules; | 25 | | (B) the participating candidate's campaign | 26 | | committee has filed all campaign finance reports |
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| 1 | | required by law during the applicable election cycle to | 2 | | date and that they are complete and accurate; | 3 | | (2) sign a participating candidate contract signifying | 4 | | the candidate's prior compliance and continuing commitment | 5 | | to comply with the requirements of this Article, to comply | 6 | | with the contribution limits set forth in this Article and | 7 | | in that contract, and to comply with any other requirements | 8 | | set forth in that contract; | 9 | | (3) meet all requirements of applicable law to be | 10 | | listed on the ballot; and | 11 | | (4) before the close of the qualifying period, collect | 12 | | at least the following number of initial qualifying | 13 | | contributions for the office in question: | 14 | | (A) 1,000 qualified contributions for candidates | 15 | | for Governor; | 16 | | (B) 500 qualified contributions for candidates for | 17 | | Lieutenant Governor, Attorney General, State | 18 | | Comptroller, State Treasurer, and Secretary of State; | 19 | | (C) 200 qualified contributions for candidates for | 20 | | State Senator; and | 21 | | (D) 100 qualified contributions for candidates for | 22 | | State Representative; | 23 | | each initial qualifying contribution shall: | 24 | | (i) have the initial qualified contributor's | 25 | | signature, or an electronic equivalent for any | 26 | | donations received on-line, signifying that the |
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| 1 | | initial qualified contributor understands that the | 2 | | purpose of the initial qualifying contribution is | 3 | | to help the candidate qualify for the matching | 4 | | funds program and that the contribution is made | 5 | | without coercion or reimbursement; and | 6 | | (ii) be acknowledged by a written receipt, or | 7 | | the electronic equivalent for any donation | 8 | | received on-line, to the initial qualified | 9 | | contributor, with a copy retained by the | 10 | | candidate; the receipt shall include the initial | 11 | | qualified contributor's signature, printed name, | 12 | | home address, and telephone number, if any, and the | 13 | | name of the candidate on whose behalf the | 14 | | contribution is made. | 15 | | A contribution for which a candidate has not obtained a | 16 | | signed and fully completed receipt, or its electronic | 17 | | equivalent, shall not be counted as an initial qualifying | 18 | | contribution for the purpose of satisfying this | 19 | | qualification requirement. | 20 | | (b) In addition to the requirements of subsection (a) of | 21 | | this Section, in order for a candidate for Governor or | 22 | | Lieutenant Governor to be eligible to be certified as a | 23 | | participating candidate, the other member of the team of | 24 | | candidates for the offices of Governor and Lieutenant Governor | 25 | | must also be a participating candidate. | 26 | | (c) To remain eligible to continue to receive matching |
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| 1 | | funds under this Article, a candidate must: | 2 | | (1) maintain records of all contributions, receipts, | 3 | | and expenditures as required by the Board; | 4 | | (2) obtain and furnish to the Board any information it | 5 | | may request relating to his or her campaign expenditures, | 6 | | contributions, and qualified contributions and furnish any | 7 | | documentation and other proof of compliance with this | 8 | | Article as may be requested by the Board; and | 9 | | (3) remain in compliance with the requirements set | 10 | | forth in this Article. | 11 | | (d) At the earliest practicable time after a candidate | 12 | | files a written application for certification as a | 13 | | participating candidate with the Board, in no event exceeding | 14 | | 10 business days, the Board shall certify in writing that the | 15 | | candidate is or is not eligible. Eligibility may be revoked if | 16 | | the Board determines, after appropriate due process, that a | 17 | | candidate has committed a substantial violation of the | 18 | | requirements of this Article, in which case all matching funds | 19 | | granted to the candidate shall be repaid to the Fund. A | 20 | | determination shall be made by the Board after an appropriate | 21 | | hearing, affording due process to the aggrieved party, under | 22 | | rules to be adopted by the Board that further define what | 23 | | constitutes a "substantial violation" and that set forth the | 24 | | procedures to be followed in connection with any such hearing. | 25 | | (10 ILCS 5/9A-30 new) |
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| 1 | | Sec. 9A-30. Matching funds payments. | 2 | | (a) A candidate who is certified as a participating | 3 | | candidate shall receive payment of matching funds equal to 6 | 4 | | times the amount of qualified contributions received by the | 5 | | participating candidate during the election cycle with respect | 6 | | to a single election subject to the aggregate limit on the | 7 | | total amount of matching funds payments to a participating | 8 | | candidate specified in subsection (b) of this Section, unless | 9 | | the candidate has no opposition on the ballot. Unopposed | 10 | | candidates shall not be eligible to receive matching funds | 11 | | unless and until they cease to be unopposed; however, any | 12 | | candidate that had already received matching funds under this | 13 | | Article prior to becoming unopposed shall be entitled to retain | 14 | | those funds and spend those funds in accordance with Section | 15 | | 9A-50 of this Code. | 16 | | (b) Subject to the requirements of subsection (a) of | 17 | | Section 9A-40 of this Code, the aggregate amount of matching | 18 | | funds payments that may be made to a participating candidate | 19 | | during an election cycle may not exceed the following: | 20 | | (1) $5,000,000 for candidates for Governor; | 21 | | (2) $1,000,000 for candidates for Lieutenant Governor, | 22 | | Attorney General, State Comptroller, State Treasurer, and | 23 | | Secretary of State; | 24 | | (3) $300,000 for candidates for State Senator; and | 25 | | (4) $150,000 for candidates for State Representative. | 26 | | (c) A participating candidate's application for matching |
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| 1 | | funds, including an initial request submitted with an | 2 | | application for certification as a participating candidate, | 3 | | shall be made using a form prescribed by the Board and shall be | 4 | | accompanied as necessary by initial qualifying contribution | 5 | | receipts and any other information the Board requires by rule. | 6 | | This application shall be accompanied by a signed statement | 7 | | from the participating candidate indicating that all | 8 | | information on the initial qualifying contribution receipts is | 9 | | complete and accurate to the best of the participating | 10 | | candidate's knowledge. The Board shall verify that a | 11 | | participating candidate's qualified contributions meet all of | 12 | | the requirements and limitations of this Article prior to the | 13 | | disbursement of matching funds to the participating candidate. | 14 | | (d) The Board shall make an initial payment of the matching | 15 | | funds within 10 business days of the Board's certification of a | 16 | | participating candidate's eligibility in accordance with the | 17 | | provisions of this Article, or as soon thereafter as is | 18 | | practicable. | 19 | | (e) The Board shall establish a schedule for the submission | 20 | | of matching funds payment requests, permitting a participating | 21 | | candidate to submit a matching funds payment request at least | 22 | | once per month, in accordance with a schedule established by | 23 | | the Board. | 24 | | (f) In the event that 90% of the existing Fund has been | 25 | | distributed, the Board shall give notice within 24 hours to all | 26 | | candidates that only 10% of the Fund remains. Thereafter, the |
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| 1 | | Board shall make no further matching funds payments until after | 2 | | election day and it shall only pay any requests submitted after | 3 | | notice has been distributed under this subsection (f) | 4 | | proportionally, spread over all candidates and requests | 5 | | equally, in a manner to be determined in greater detail | 6 | | pursuant to rules adopted by the Board. | 7 | | (10 ILCS 5/9A-35 new) | 8 | | Sec. 9A-35. Limits on contributions. | 9 | | (a) Subject to the requirements of subsection (a) of | 10 | | Section 9A-40 of this Code, no candidate shall accept, directly | 11 | | or indirectly, any contribution (or combination of | 12 | | contributions) from the same person, corporation, partnership, | 13 | | political party, political action committee, or other legal | 14 | | entity in excess of $500. However, if a candidate in the | 15 | | participating candidate's race exceeds the self-funding | 16 | | thresholds established in subsection (h) of Section 9-8.5 of | 17 | | this Code for that race, the limitation under this subsection | 18 | | (a) is increased to $2,500. | 19 | | (b) No participating candidate shall accept any | 20 | | contribution (or combination of contributions) from any | 21 | | person, corporation, partnership, or other legal entity who | 22 | | lobbies members of the State executive or legislative branches, | 23 | | within the meaning of the Lobbyist Registration Act, or does | 24 | | business with the State. No participating candidate shall | 25 | | encourage, support, cooperate, or coordinate with any |
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| 1 | | independent expenditure committee or any individual engaging | 2 | | in independent expenditures, whether in support of the | 3 | | candidate or in opposition to the candidate's opponent. The | 4 | | Board may adopt additional rules defining who constitutes a | 5 | | "lobbyist" and who is deemed to be "doing business" with the | 6 | | State within the meaning of this Article. | 7 | | (c) No participating candidate shall make expenditures | 8 | | from or use his or her own personal funds or the personal funds | 9 | | or property held jointly with members of his or her immediate | 10 | | family in connection with his or her nomination for election or | 11 | | election, except as a contribution to his or her political | 12 | | committee in an amount that does not exceed 10 times the | 13 | | maximum contribution applicable under subsection (a) of this | 14 | | Section. No participating candidate shall make expenditures | 15 | | from or use other personal funds or property of his or her | 16 | | immediate family in furtherance of his or her own campaign. | 17 | | (10 ILCS 5/9A-40 new) | 18 | | Sec. 9A-40. Adjustment. | 19 | | (a) The Board shall revise the limits on contributions and | 20 | | on overall contributions at least one year prior to the next | 21 | | general primary election. The Board shall adjust them by an | 22 | | amount equal to the change in the Consumer Price Index for all | 23 | | Urban Consumers for all items published by the United States | 24 | | Department of Labor for the 12-month calendar year preceding | 25 | | readjustment. Amounts shall be rounded to the nearest $10. The |
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| 1 | | revised overall limits shall be published no later than one | 2 | | year prior to the date of the next general primary election. | 3 | | (b) The General Assembly shall review the amounts and | 4 | | numbers of required initial qualifying contributions, the | 5 | | ratio of matching funds, the additional limits on | 6 | | contributions, and the limits on overall contributions in the | 7 | | 6-month period following each general election to determine if | 8 | | they shall stay the same, after any adjustment for inflation | 9 | | under subsection (a) of this Section, or be increased for the | 10 | | next general primary election and general election. | 11 | | (c) If the General Assembly determines that any of the | 12 | | figures specified in subsection (b) of this Section should | 13 | | change, then any proposed change, other than an adjustment for | 14 | | inflation under subsection (a) of this Section, shall be | 15 | | adopted for the next general election by a majority vote of | 16 | | each chamber of the General Assembly and shall also be | 17 | | submitted to the voters via a binding referendum for | 18 | | ratification at the next consolidated election for approval or | 19 | | rejection with respect to any future general elections. | 20 | | (10 ILCS 5/9A-45 new) | 21 | | Sec. 9A-45. Campaign accounts for participating | 22 | | candidates. During an election cycle, each participating | 23 | | candidate shall conduct all campaign financial activities | 24 | | through a single political action committee, consistent with | 25 | | subsection (b) of Section 9-2 of this Code, and shall comply |
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| 1 | | with any additional recordkeeping requirements imposed under | 2 | | this Article by the Board. | 3 | | (10 ILCS 5/9A-50 new) | 4 | | Sec. 9A-50. Expenditures of matching funds. | 5 | | (a) A participating candidate shall use matching funds only | 6 | | for direct campaign purposes. The Board may further define the | 7 | | phrase "direct campaign purposes" by rule. | 8 | | (b) Neither a participating candidate nor anyone acting on | 9 | | his or her behalf shall use matching funds for: | 10 | | (1) costs of legal defense in any campaign law | 11 | | enforcement proceeding; | 12 | | (2) indirect campaign purposes, including, but not | 13 | | limited to: | 14 | | (A) the participating candidate's personal support | 15 | | or compensation to the participating candidate or the | 16 | | participating candidate's immediate family; | 17 | | (B) clothing, haircuts, and other items related to | 18 | | the participating candidate's personal appearance; | 19 | | (C) a contribution or loan to the campaign | 20 | | committee of another candidate, a party committee, or | 21 | | other political committee; | 22 | | (D) an independent expenditure; | 23 | | (E) automobile purchases, tuition payments, or | 24 | | childcare costs; | 25 | | (F) dues, fees, or gratuities at a country club, |
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| 1 | | health club, recreational facility, or other | 2 | | nonpolitical organization unless part of a specific | 3 | | fundraising event that takes place on the | 4 | | organization's premises; | 5 | | (G) admission to a sporting event, theater, | 6 | | concert, or other entertainment event not part of a | 7 | | specific campaign activity; or | 8 | | (H) gifts, except for brochures, buttons, signs, | 9 | | and other campaign materials and token gifts valued at | 10 | | not more than $50 that are for the purpose of | 11 | | expressing gratitude, condolences, or congratulations. | 12 | | (10 ILCS 5/9A-55 new) | 13 | | Sec. 9A-55. Disclosure requirements and procedures; return | 14 | | of funds. | 15 | | (a) Each participating candidate shall file reports of | 16 | | contribution receipts and of expenditures of matching funds and | 17 | | other campaign funds at such times and in such manners as the | 18 | | Board may prescribe by rule, including, but not limited to, | 19 | | reports containing information necessary to verify that the | 20 | | qualified contributions received by participating candidates | 21 | | and that the matching funds spent by participating candidates | 22 | | comply with the restrictions and requirements of this Article. | 23 | | (b) The Board by rule shall adopt procedures for auditing | 24 | | any reports filed with it as well as related reports filed with | 25 | | the State Board of Elections and issuing a public report |
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| 1 | | summarizing the election results, the campaign expenditures | 2 | | made in connection with offices covered by this Article, and | 3 | | the level and amount of matching funds provided to each | 4 | | campaign. | 5 | | (c) Within 90 days after the consolidated or general | 6 | | election, every participating candidate who received matching | 7 | | funds under this Article shall repay the Fund any unused | 8 | | matching funds, calculated as follows: any unused campaign | 9 | | funds shall be multiplied by a ratio consisting of the total | 10 | | amount of matching funds received by the campaign in the | 11 | | numerator and the total amount of campaign funds raised by the | 12 | | campaign in the denominator. The amount of any repayment under | 13 | | this subsection (c) shall not exceed the total amount of | 14 | | matching funds paid to the campaign. | 15 | | (10 ILCS 5/9A-60 new) | 16 | | Sec. 9A-60. Joint campaign contributions and expenditures. | 17 | | Where multiple candidates are otherwise permitted under State | 18 | | law to engage in joint efforts to raise campaign contributions | 19 | | or in joint campaign expenditures, any contribution received at | 20 | | a joint fundraising event and any joint campaign expenditures | 21 | | shall be appropriately allocated among the participating | 22 | | candidates in a reasonable manner to be agreed upon by those | 23 | | candidates participating in the activity. The Board may review | 24 | | the reasonableness of any allocation under this Section. |
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| 1 | | (10 ILCS 5/9A-65 new) | 2 | | Sec. 9A-65. Application of contribution and expenditure | 3 | | limitations to certain political activities. Nothing in this | 4 | | Article shall be construed to restrict candidates or their | 5 | | agents from making appearances at events sponsored or paid for | 6 | | by persons, political committees, or other entities that are | 7 | | not in any way affiliated with the candidate or any agent of | 8 | | the candidate. The costs of these events shall not be | 9 | | considered contributions to or expenditures by the candidate | 10 | | for purposes of this Article simply because the candidate or | 11 | | agent appears at such an event. However, this provision does | 12 | | not apply to events at which contributions are solicited on | 13 | | behalf of the participating candidate. | 14 | | (10 ILCS 5/9A-70 new) | 15 | | Sec. 9A-70. Campaign Finance Board; general powers and | 16 | | duties. | 17 | | (a) A Campaign Finance Board is created within the State | 18 | | Board of Elections, consisting of 5 members appointed by the | 19 | | Governor with the approval of a majority of both the House of | 20 | | Representatives and the Senate. Each party or caucus | 21 | | represented in the General Assembly shall have at least one | 22 | | member on the Board. However, the Chairperson of the Board | 23 | | shall not be affiliated with any political party. The initial | 24 | | appointments required under this subsection (a) shall be made | 25 | | within 6 months of the effective date of this amendatory Act of |
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| 1 | | the 100th General Assembly, and their terms shall commence on | 2 | | the January 1 following appointment. The terms of office for | 3 | | the initial appointees shall be, except for the Chairperson, | 4 | | determined by lot as follows: | 5 | | (1) one member shall serve a term of one year; | 6 | | (2) one member shall serve a term of 2 years; | 7 | | (3) one member shall serve a term of 3 years; | 8 | | (4) one member shall serve a term of 4 years; and | 9 | | (5) the initial Chairperson shall serve a term of 5 | 10 | | years. | 11 | | Thereafter, each member shall be appointed for a term of 5 | 12 | | years, according to the original manner of appointment. In the | 13 | | case of a vacancy in the office of a member, a member shall be | 14 | | selected to serve the remainder of the unexpired term in the | 15 | | same manner the vacating member was selected. Members shall | 16 | | serve no more than 3 consecutive terms. No member of the Board | 17 | | may be removed from office except for cause, after notice and a | 18 | | hearing by the Senate. | 19 | | (b) To be eligible to serve as a member of the Board, an | 20 | | individual must meet all of the following qualifications | 21 | | throughout the period of his or her service: | 22 | | (1) the member must be a resident of Illinois, eligible | 23 | | and registered to vote; | 24 | | (2) the member must agree that he or she and any | 25 | | members of his or her immediate family will not make any | 26 | | contributions to any candidate for any of the offices |
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| 1 | | eligible to receive matching funds during his or her term | 2 | | of service; | 3 | | (3) the member must agree not to (i) serve as an | 4 | | officer of a political party or (ii) be a candidate or | 5 | | participate in any capacity in a campaign by a candidate | 6 | | for any of the offices eligible to receive public matching | 7 | | funds under this Article during his or her term of service; | 8 | | (4) the member may not otherwise be an officer or | 9 | | employee of the State, nor a lobbyist engaged in lobbying | 10 | | any elected officials of the State; and | 11 | | (5) the member must agree to undergo training under the | 12 | | supervision of the Chairperson of the Board. | 13 | | (c) Subject to appropriations, the members of the Board | 14 | | shall be compensated at a rate specified by law while | 15 | | performing the work of the Board. | 16 | | (d) The Board may employ necessary staff, including | 17 | | attorneys and accountants, and may utilize the services of | 18 | | employees of the State Board of Elections to assist the Board | 19 | | in carrying out its duties. Subject to appropriations, the | 20 | | total budget for the Board's operations shall not be less than | 21 | | .01% of the overall State budget. | 22 | | (e) The Board shall have the authority to adopt rules and | 23 | | provide forms as it deems necessary to administer the matching | 24 | | funds system created by this Article. The Board shall adopt | 25 | | rules concerning the form in which contributions and | 26 | | expenditures are to be reported, the periods during which such |
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| 1 | | reports must be filed, the measures for auditing and reporting | 2 | | on campaign contributions and expenditures, and the | 3 | | verification required. | 4 | | (f) The Board shall have the power to investigate all | 5 | | matters relating to the performance of its functions and any | 6 | | other matter relating to the proper administration of this | 7 | | Article. It shall have the power to require the attendance of | 8 | | witnesses, to examine and take testimony under oath of any | 9 | | persons as it shall deem necessary, and to require the | 10 | | production of books, accounts, papers, and any other relevant | 11 | | evidence relative to such investigation. | 12 | | (g) The Board shall develop a program for informing | 13 | | candidates and the public about the small donor matching funds | 14 | | system created by this Article. The Board may prepare and make | 15 | | available educational materials, including compliance manuals | 16 | | and summaries of the relevant provisions of this program. The | 17 | | Board shall prepare and make available materials including, to | 18 | | the extent feasible, computer software, to facilitate the task | 19 | | of compliance with the disclosure and recordkeeping | 20 | | requirements under this Article. | 21 | | (h) The Board shall have the power to render advisory | 22 | | opinions with respect to questions arising under this Article. | 23 | | These opinions may be requested in writing by any candidate, | 24 | | political committee, or member of the general public. The Board | 25 | | shall adopt rules regarding submissions and responses to such | 26 | | requests, including response times. The Board shall make public |
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| 1 | | its response to any such requests, as well as to any other | 2 | | formal rulings or interpretations it makes, including by | 3 | | posting them on its website, if practicable. | 4 | | (i) The Board shall have the authority to implement any | 5 | | system established for the regulation of inauguration and | 6 | | transition donations and expenditures, including any related | 7 | | penalties. It shall also have the authority to adopt and | 8 | | implement a system for handling the transition from the | 9 | | existing campaign finance system and any pre-existing | 10 | | political committees and contributions to the small donor | 11 | | matching funds system implemented by this Article. | 12 | | (j) The Board may take such other actions as are necessary | 13 | | and proper to carry out its functions and the purposes of | 14 | | adoption of a small donor matching funds system. The specific | 15 | | grants of power under this Section do not constitute and shall | 16 | | not be construed as limitations on the other proper and | 17 | | necessary powers of the Board. | 18 | | (k) All final administrative decisions under this Article | 19 | | are subject to judicial review under the Administrative Review | 20 | | Law and its rules. | 21 | | (10 ILCS 5/9A-75 new) | 22 | | Sec. 9A-75. Public campaign financing program penalties. | 23 | | (a) If a participating candidate knowingly accepts or | 24 | | spends matching funds in violation of this Article, then the | 25 | | candidate shall repay to the Fund a civil fine in an amount |
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| 1 | | equal to twice the value of the funding unlawfully accepted or | 2 | | spent. | 3 | | (b) The Board shall, after a hearing affording the | 4 | | aggrieved party due process, have the authority to impose the | 5 | | fine created by this Section, to order repayment of | 6 | | overpayments that were not knowingly received, and to take any | 7 | | other appropriate action, pursuant to any additional rules | 8 | | concerning such hearings as the Board shall adopt. | 9 | | (c) Any member of the public, as well as the Board on its | 10 | | own initiative, shall have standing to file a complaint with | 11 | | the Board alleging a violation of this Article. In the event a | 12 | | complaint is filed by an opposing candidate, or in coordination | 13 | | with an opposing candidate's campaign, the Board shall have the | 14 | | option of awarding costs and attorneys' fees in the event the | 15 | | complaint is found to have been lacking a reasonable basis. | 16 | | (d) The Board shall adopt appropriate rules guaranteeing | 17 | | notice and due process to anyone accused of violating this | 18 | | Article and setting forth the process the Board will follow in | 19 | | investigating and adjudicating any such complaint. | 20 | | Section 10. The State Finance Act is amended by adding | 21 | | Section 5.878 as follows: | 22 | | (30 ILCS 105/5.878 new) | 23 | | Sec. 5.878. The Small Donor Democracy Matching Fund. |
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| 1 | | Section 97. Severability. The provisions of this Act are | 2 | | severable under Section 1.31 of the Statute on Statutes.
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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