Full Text of HB2267 96th General Assembly
HB2267 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2267
Introduced 2/18/2009, by Rep. Mike Boland SYNOPSIS AS INTRODUCED: |
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New Act |
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30 ILCS 105/5.719 new |
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35 ILCS 5/507SS new |
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Creates the Illinois Clean Election Act. Establishes a voluntary method of public financing of the campaigns of candidates for statewide officials. Amends the State Finance Act to create the Illinois Clean Election Fund as a special fund in the State treasury. Amends the Illinois Income Tax Act to create an individual tax return checkoff in support of the Fund. Effective immediately.
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A BILL FOR
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HB2267 |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Illinois Clean Election Act. | 6 |
| Section 5. Definitions. As used in this Act:
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| "Certified candidate" means a candidate running for | 8 |
| Governor, Lieutenant Governor, Attorney General, Secretary of | 9 |
| State, State Comptroller, or State Treasurer who chooses to | 10 |
| participate in this Act and who is certified as an Illinois | 11 |
| Clean Election Act candidate under Section 20, subsection (e). | 12 |
| "Contribution" has the same meaning as in Article 9 of the | 13 |
| Election Code. | 14 |
| "Fund" means the Illinois Clean Election Fund established | 15 |
| in Section 15. | 16 |
| "Nonparticipating candidate" means a candidate running for | 17 |
| Governor, Lieutenant Governor, Attorney General, Secretary of | 18 |
| State, State Comptroller, or State Treasurer who does not | 19 |
| choose to participate in this Act and who is not seeking to be | 20 |
| certified as an Illinois Clean Election Act candidate. | 21 |
| "Participating candidate" means a candidate who is running | 22 |
| for Governor, Lieutenant Governor, Attorney General, Secretary | 23 |
| of State, State Comptroller, or State Treasurer who is seeking |
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| to be certified as an Illinois Clean Election Act candidate. | 2 |
| "Qualifying contribution" means a donation: | 3 |
| (1) Of $5 in the form of a check or a money order | 4 |
| payable to the Fund in support of a candidate; | 5 |
| (2) Made by a registered voter within the district for | 6 |
| the office a candidate is seeking; | 7 |
| (3) Made during the designated qualifying period and | 8 |
| obtained with the knowledge and approval of the candidate; | 9 |
| and | 10 |
| (4) That is acknowledged by a written receipt that | 11 |
| identifies the name and address of the donor on forms | 12 |
| provided by the State Board. | 13 |
| "Qualifying period" means, for a participating candidate, | 14 |
| the qualifying period begins November 1st immediately | 15 |
| preceding the election year and ends at 5:00 p.m. on April 15th | 16 |
| of the election year unless the candidate is unenrolled, in | 17 |
| which case the period ends at 5:00 p.m. on June 2nd of the | 18 |
| election year. | 19 |
| "Seed money contribution" means a contribution of no more | 20 |
| than $100 per individual made to a candidate, including a | 21 |
| contribution from the candidate or the candidate's family. To | 22 |
| be eligible for certification, a candidate may collect and | 23 |
| spend only seed money contributions subsequent to becoming a | 24 |
| candidate as defined by Article 9 of the Election Code and | 25 |
| throughout the qualifying period. A participating candidate | 26 |
| who has accepted contributions or made expenditures that do not |
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| comply with the seed money restrictions under this Act may | 2 |
| petition the State Board to remain eligible for certification | 3 |
| as an Illinois Clean Election Act candidate in accordance with | 4 |
| rules of the State Board, if the failure to comply was | 5 |
| unintentional and does not constitute a significant infraction | 6 |
| of these restrictions. Prior to certification, a candidate may | 7 |
| obligate an amount greater than the seed money collected if the | 8 |
| value of the goods and services received from a vendor does not | 9 |
| exceed the amount paid to the vendor. A candidate may not | 10 |
| collect or spend seed money contributions after certification | 11 |
| as an Illinois Clean Election Act candidate. A seed money | 12 |
| contribution must be reported according to procedures | 13 |
| developed by the State Board. | 14 |
| "State Board" means the State Board of Elections.
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| Section 10. Alternative campaign financing option. This | 16 |
| Act establishes an alternative campaign financing option | 17 |
| available to candidates running for Governor, Lieutenant | 18 |
| Governor, Attorney General, Secretary of State, State | 19 |
| Comptroller, or State Treasurer. This alternative campaign | 20 |
| financing option is available to candidates for elections to be | 21 |
| held beginning in the year 2008. The State Board shall | 22 |
| administer this Act and the Fund. Candidates participating in | 23 |
| this Act must also comply with all other applicable election | 24 |
| and campaign laws and regulations.
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| Section 15. The Illinois Clean Election Fund established; | 2 |
| sources of funding.
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| (a) The Illinois Clean Election Fund is established as a | 4 |
| special fund in the State treasury to finance the election | 5 |
| campaigns of certified Illinois Clean Election Act candidates | 6 |
| running for Governor, State Senator, and State Representative | 7 |
| and to pay administrative and enforcement costs of the State | 8 |
| Board related to this Act. Any interest generated by the Fund | 9 |
| is credited to the Fund. The State Board shall administer the | 10 |
| Fund. | 11 |
| (b) The following must be deposited into the Fund: | 12 |
| (1) The qualifying contributions required under | 13 |
| Section 20 when those contributions are submitted to the | 14 |
| State Board. | 15 |
| (2) Up to $2,000,000 transferred from the General | 16 |
| Revenue Fund no later than February 1, 2009. | 17 |
| (3) Revenue from a tax checkoff program allowing a | 18 |
| resident of the State who files a tax return with the | 19 |
| Department of Revenue to designate that $3 be paid into the | 20 |
| Fund. If a husband and wife file a joint return, each | 21 |
| spouse may designate that $3 be paid. The Department of | 22 |
| Revenue shall report annually the amounts designated for | 23 |
| the Fund to the State Treasurer, who shall transfer that | 24 |
| amount to the Fund. | 25 |
| (4) Seed money contributions remaining unspent after a | 26 |
| candidate has been certified as an Illinois Clean Election |
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| Act candidate. | 2 |
| (5) Fund revenues that were distributed to an Illinois | 3 |
| Clean Election Act candidate and that remain unspent after | 4 |
| the candidate has lost a primary election or after all | 5 |
| general elections. | 6 |
| (6) Other unspent Fund revenues distributed to any | 7 |
| Illinois Clean Election Act candidate who does not remain a | 8 |
| candidate throughout a primary or general election cycle. | 9 |
| (7) Voluntary donations made directly to the Fund. | 10 |
| (8) Fines collected under this Act. | 11 |
| (c) By September 1st preceding each election year, the | 12 |
| State Board shall publish an estimate of revenue in the Fund | 13 |
| available for distribution to certified candidates during the | 14 |
| upcoming year's elections and an estimate of the likely demand | 15 |
| for clean elections funding during that election. The State | 16 |
| Board may submit legislation to request additional funding. | 17 |
| Section 20. Terms of participation.
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| (a) A participating candidate must file a declaration of | 19 |
| intent to seek certification as an Illinois Clean Election Act | 20 |
| candidate and to comply with the requirements of this Act. The | 21 |
| declaration of intent must be filed with the State Board prior | 22 |
| to or during the qualifying period, except as provided in | 23 |
| subsection (l), according to forms and procedures developed by | 24 |
| the State Board. A participating candidate must submit a | 25 |
| declaration of intent within 5 business days after collecting |
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| qualifying contributions under this Act or the qualifying | 2 |
| contributions collected before the declaration of intent has | 3 |
| been filed will not be counted toward the eligibility | 4 |
| requirement in subsection (c). | 5 |
| (b) Subsequent to becoming a candidate defined by and prior | 6 |
| to certification, a participating candidate may not accept | 7 |
| contributions, except for seed money contributions. A | 8 |
| participating candidate must limit the candidate's seed money | 9 |
| contributions to $50,000 for a candidate.
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| The State Board may, by rule, revise these amounts to | 11 |
| ensure the effective implementation of this Act. | 12 |
| (c) Participating candidates must obtain qualifying | 13 |
| contributions during the qualifying period from at least 2,500 | 14 |
| verified registered voters of this State. | 15 |
| A payment, gift, or anything of value may not be given in | 16 |
| exchange for a qualifying contribution. A candidate may pay the | 17 |
| fee for a money order in the amount of $5, which is a | 18 |
| qualifying contribution, as long as the donor making the | 19 |
| qualifying contribution pays the $5 amount reflected on the | 20 |
| money order. Any money order fees paid by a participating | 21 |
| candidate must be paid for with seed money and reported in | 22 |
| accordance with State Board rules. | 23 |
| (d) A participating candidate must submit qualifying | 24 |
| contributions to the State Board during the qualifying period | 25 |
| according to procedures developed by the State Board, except as | 26 |
| provided under subsection (l). |
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| (e) Upon receipt of a final submittal of qualifying | 2 |
| contributions by a participating candidate, the State Board | 3 |
| shall determine whether or not the candidate has: | 4 |
| (1) Signed and filed a declaration of intent to | 5 |
| participate in this Act. | 6 |
| (2) Submitted the appropriate number of valid | 7 |
| qualifying contributions. | 8 |
| (3) Qualified as a candidate by petition or other | 9 |
| means. | 10 |
| (4) Not accepted contributions, except for seed money | 11 |
| contributions, and otherwise complied with seed money | 12 |
| restrictions. | 13 |
| (5) Not run for the same office as a nonparticipating | 14 |
| candidate in a primary election in the same election year. | 15 |
| (6) Otherwise met the requirements for participation | 16 |
| in this Act. | 17 |
| The State Board shall certify a candidate complying with | 18 |
| the requirements of this Section as an Illinois Clean Election | 19 |
| Act candidate as soon as possible and no later than 3 business | 20 |
| days after final submittal of qualifying contributions.
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| certification, a candidate must transfer to the Fund any | 22 |
| unspent seed money contributions. A certified candidate must | 23 |
| comply with all requirements of this Act after certification | 24 |
| and throughout the primary and general election periods. | 25 |
| Failure to do so is a violation of this Act. | 26 |
| (f) After certification, a candidate must limit the |
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| candidate's campaign expenditures and obligations, including | 2 |
| outstanding obligations, to the revenues distributed to the | 3 |
| candidate from the Fund and may not accept any contributions | 4 |
| unless specifically authorized by the State Board. Candidates | 5 |
| may also accept and spend interest earned on bank accounts. All | 6 |
| revenues distributed to a certified candidate from the Fund | 7 |
| must be used for campaign-related purposes. The candidate, the | 8 |
| treasurer, the candidate's political committee, or any agent of | 9 |
| the candidate and committee may not use these revenues for any | 10 |
| but campaign-related purposes. The State Board shall publish | 11 |
| guidelines outlining permissible campaign-related | 12 |
| expenditures. | 13 |
| (g) The State Board shall distribute to certified | 14 |
| candidates revenues from the Fund in amounts determined under | 15 |
| subsection (h) in the following manner. | 16 |
| (1) Within 3 days after certification, for candidates | 17 |
| certified prior to March 15th of the election year, | 18 |
| revenues from the Fund must be distributed as if the | 19 |
| candidates are in an uncontested primary election. | 20 |
| (2) Within 3 days after certification, for all | 21 |
| candidates certified between March 15th and April 15th of | 22 |
| the election year, revenues from the Fund must be | 23 |
| distributed according to whether the candidate is in a | 24 |
| contested or uncontested primary election. | 25 |
| (3) For candidates in contested primary elections | 26 |
| receiving a distribution under paragraph (1), additional |
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| revenues from the fund must be distributed within 3 days of | 2 |
| March 15th after the election year. | 3 |
| (4) Within 3 days after the primary election results | 4 |
| are certified, for general election certified candidates, | 5 |
| revenues from the Fund must be distributed according to | 6 |
| whether the candidate is in a contested or uncontested | 7 |
| general election. | 8 |
| Funds may be distributed to certified candidates under this | 9 |
| Section by any mechanism that is expeditious, ensures | 10 |
| accountability, and safeguards the integrity of the Fund. | 11 |
| (h) The candidate or committee shall deposit all revenues | 12 |
| from the Fund in a campaign account with a bank or other | 13 |
| financial institution. The campaign funds must be segregated | 14 |
| from, and may not be commingled with, any other funds. | 15 |
| (i) By July 1, 2009 and at least every 4 years after that | 16 |
| date, the State Board shall determine the amount of funds to be | 17 |
| distributed to participating candidates based on the type of | 18 |
| election and office as follows: | 19 |
| (1) For primary elections, the amount of revenues | 20 |
| distributed is $2,000,000 per candidate in the primary | 21 |
| election. | 22 |
| (2) For general elections, the amount of revenues | 23 |
| distributed is $4,000,000 per candidate in the general | 24 |
| election. | 25 |
| If the immediately preceding election cycles do not contain | 26 |
| sufficient electoral data, the State Board shall use |
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| information from the most recent applicable elections. | 2 |
| (j) When any campaign, finance, or election report shows | 3 |
| that the sum of a candidate's expenditures or obligations, or | 4 |
| funds raised or borrowed, whichever is greater, alone or in | 5 |
| conjunction with independent reported expenditures, exceeds | 6 |
| the distribution amount under subsection (h), the State Board | 7 |
| shall issue immediately to any opposing Illinois Clean Election | 8 |
| Act candidate an additional amount equivalent to the reported | 9 |
| excess. Matching funds are limited to 2 times the amount | 10 |
| originally distributed under subsection (h), paragraph (1), or | 11 |
| whichever is applicable. | 12 |
| (k) An unenrolled candidate certified by January 15th | 13 |
| preceding the primary election is eligible for revenues from | 14 |
| the Fund in the same amounts and at the same time as an | 15 |
| uncontested primary election candidate and a general election | 16 |
| candidate as specified in subsections (g) and (h). For an | 17 |
| unenrolled candidate not certified by January 15th at 5:00 p.m. | 18 |
| the deadline for filing qualifying contributions is 5:00 p.m. | 19 |
| on June 2nd preceding the general election. An unenrolled | 20 |
| candidate certified after January 15th at 5:00 p.m. is eligible | 21 |
| for revenues from the Fund in the same amounts as a general | 22 |
| election candidate, as specified in subsections (g) and (h). | 23 |
| (l) The State Board shall establish by rule procedures for | 24 |
| qualification, certification, disbursement of Fund revenues, | 25 |
| and return of unspent Fund revenues for races involving special | 26 |
| elections, recounts, vacancies, withdrawals, or replacement |
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| candidates. | 2 |
| (m) Notwithstanding any other provision of law, | 3 |
| participating and certified candidates shall report any money | 4 |
| collected, all campaign expenditures, obligations, and related | 5 |
| activities to the State Board according to procedures developed | 6 |
| by the State Board. Upon the filing of a final report for any | 7 |
| primary election in which the candidate was defeated and for | 8 |
| all general elections that candidate shall return all unspent | 9 |
| Fund revenues to the State Board. In developing these | 10 |
| procedures, the State Board shall utilize existing campaign | 11 |
| reporting procedures whenever practicable. The State Board | 12 |
| shall ensure timely public access to campaign finance data and | 13 |
| may utilize electronic means of reporting and storing | 14 |
| information. | 15 |
| (n) The treasurer shall obtain and keep: | 16 |
| (1) Bank or other account statements for the campaign | 17 |
| account covering the duration of the campaign. | 18 |
| (2) A vendor invoice stating the particular goods or | 19 |
| services purchased for every expenditure of $50 or more. | 20 |
| (3) A record proving that a vendor received payment for | 21 |
| every expenditure of $50 or more in the form of a cancelled | 22 |
| check, receipt from the vendor, or bank or credit card | 23 |
| statement identifying the vendor as the payee. | 24 |
| The treasurer shall preserve the records for 2 years | 25 |
| following the candidate's final campaign finance report for the | 26 |
| election cycle. The candidate and treasurer shall submit |
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| photocopies of the records to the State Board upon its request. | 2 |
| (o) The State Board may not distribute revenues to | 3 |
| certified candidates in excess of the total amount of money | 4 |
| deposited into the Fund as set forth in Section 15. | 5 |
| Notwithstanding any other provisions of this Act, if the State | 6 |
| Board determines that the revenues in the Fund are insufficient | 7 |
| to meet distributions under subsections (h) or (i), the State | 8 |
| Board may permit certified candidates to accept and spend | 9 |
| contributions, reduced by any seed money contributions, | 10 |
| aggregating no more than $500 per donor per election for | 11 |
| candidates, up to the applicable amounts set forth in | 12 |
| subsections (h) and (i) according to rules adopted by the State | 13 |
| Board. | 14 |
| (p) A candidate who has been denied certification as an | 15 |
| Illinois Clean Election Act candidate, the opponent of a | 16 |
| candidate who has been granted certification as an Illinois | 17 |
| Clean Election Act candidate, or other interested persons may | 18 |
| challenge a certification decision by the State Board as | 19 |
| follows: | 20 |
| (1) A challenger may appeal to the full State Board | 21 |
| within 7 days after the certification decision. The appeal | 22 |
| must be in writing and must set forth the reasons for the | 23 |
| appeal. | 24 |
| (2) Within 5 days after an appeal is properly made and | 25 |
| after notice is given to the challenger and any opponent, | 26 |
| the State Board shall hold a hearing. The appellant has the |
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| burden of providing evidence to demonstrate that the State | 2 |
| Board decision was improper. The State Board must rule on | 3 |
| the appeal within 3 days after the completion of the | 4 |
| hearing. | 5 |
| (3) A challenger may appeal the decision of the State | 6 |
| Board in paragraph (2) by commencing an action in circuit | 7 |
| court. | 8 |
| (4) A candidate whose certification by the State Board | 9 |
| as an Illinois Clean Election Act candidate is revoked on | 10 |
| appeal must return to the State Board any unspent revenues | 11 |
| distributed from the Fund. | 12 |
| If the State Board or court finds that an appeal was made | 13 |
| frivolously or to cause delay or hardship, the State Board or | 14 |
| court may require the moving party to pay costs of the State | 15 |
| Board, court, and opposing parties, if any.
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| Section 25. Rules. The State Board shall adopt rules to | 17 |
| ensure effective administration of this Act. These rules must | 18 |
| include but must not be limited to procedures for obtaining | 19 |
| qualifying contributions, certification as an Illinois Clean | 20 |
| Election Act candidate, circumstances involving special | 21 |
| elections, vacancies, recounts, withdrawals or replacements, | 22 |
| collection of revenues for the Fund, distribution of Fund | 23 |
| revenue to certified candidates, return of unspent Fund | 24 |
| disbursements, disposition of equipment purchased with Clean | 25 |
| Election Funds, and compliance with this Act.
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| Section 30. Violations.
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| (a) In addition to any other penalties that may be | 3 |
| applicable, a person who violates any provision of this Act or | 4 |
| rules of the State Board adopted pursuant to Section 25 is | 5 |
| subject to a fine not to exceed $10,000 per violation payable | 6 |
| to the Fund. The State Board may assess a fine of up to $10,000 | 7 |
| for a violation of reporting requirements if it determines that | 8 |
| the failure to file a timely and accurate report resulted in | 9 |
| the late payment of matching funds. This fine is recoverable in | 10 |
| a civil action. In addition to any fine, for good cause shown, | 11 |
| a candidate, treasurer, consultant, or other agent of the | 12 |
| candidate or the committee authorized by the candidate found in | 13 |
| violation of this Act or rules of the State Board may be | 14 |
| required to return to the Fund all amounts distributed to the | 15 |
| candidate from the Fund or any funds not used for | 16 |
| campaign-related purposes. If the State Board makes a | 17 |
| determination that a violation of this Act or rules of the | 18 |
| State Board has occurred, the State Board shall assess a fine | 19 |
| or transmit the finding to the Attorney General for | 20 |
| prosecution. Fines paid under this Section must be deposited | 21 |
| into the Fund. In determining whether or not a candidate is in | 22 |
| violation of the expenditure limits of this Act, the State | 23 |
| Board may consider as a mitigating factor any circumstances out | 24 |
| of the candidate's control. | 25 |
| (b) A person who willfully or knowingly violates this Act |
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| or rules of the State Board or who willfully or knowingly makes | 2 |
| a false statement in any report required by this Act commits a | 3 |
| business offense punishable by a fine of at least $1,001 and | 4 |
| not more than $5,000 and, if certified as an Illinois Clean | 5 |
| Election Act candidate, must return to the Fund all amounts | 6 |
| distributed to the candidate. | 7 |
| Section 35. Study report. By January 30, 2011 and every 4 | 8 |
| years after that date, the State Board shall prepare for the | 9 |
| General Assembly a report documenting, evaluating, and making | 10 |
| recommendations relating to the administration, | 11 |
| implementation, and enforcement of this Act and the Illinois | 12 |
| Clean Election Fund.
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| Section 90. The State Finance Act is amended by adding | 14 |
| Section 5.719 as follows: | 15 |
| (30 ILCS 105/5.719 new) | 16 |
| Sec. 5.719. Illinois Clean Election Fund. | 17 |
| Section 95. The Illinois Income Tax Act is amended by | 18 |
| adding Section 507SS as follows: | 19 |
| (35 ILCS 5/507SS new) | 20 |
| Sec. 507SS. The Illinois Clean Election Fund checkoff. For | 21 |
| taxable
years ending on or after December 31, 2009, the |
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| Department must
print on its standard individual income tax | 2 |
| form a provision
indicating that if the taxpayer wishes to | 3 |
| contribute to the
Illinois Clean Election Fund, as authorized | 4 |
| by the Illinois Clean Election Act, he or she may do so by | 5 |
| stating the
amount of the contribution (not less than $3) on | 6 |
| the return and
that the contribution will reduce the taxpayer's | 7 |
| refund or
increase the amount of payment to accompany the | 8 |
| return. Failure
to remit any amount of increased payment shall | 9 |
| reduce the
contribution accordingly. This Section does not | 10 |
| apply to any
amended return.
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
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