Illinois General Assembly - Full Text of SB1424
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Full Text of SB1424  100th General Assembly


Sen. Daniel Biss

Filed: 2/28/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 1424 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be referred to as the
5Small Donor Democracy Matching System for Fair Elections Act.
6    Section 5. The Election Code is amended by changing Section
79-25.1 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
12appropriated by the Illinois General Assembly or by any
13political subdivision of the State of Illinois.
14    (b) No public funds shall be used to urge any elector to
15vote for or against any candidate or proposition, or be



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1appropriated for political or campaign purposes to any
2candidate or political organization. This Section shall not
3prohibit the use of public funds for dissemination of factual
4information relative to any proposition appearing on an
5election ballot, or for dissemination of information and
6arguments published and distributed under law in connection
7with a proposition to amend the Constitution of the State of
8Illinois. However, this Section does not apply to funds
9expended in connection with the campaign contribution matching
10program established in Article 9A of this Code or similar
11systems of public financing for elections established by a home
12rule unit of government.
13    (c) The first time any person violates any provision of
14this Section, that person shall be guilty of a Class B
15misdemeanor. Upon the second or any subsequent violation of any
16provision of this Section, the person violating any provision
17of this Section shall be guilty of a Class A misdemeanor.
18(Source: P.A. 87-1052.)
19    (10 ILCS 5/Art. 9A heading new)

21    (10 ILCS 5/9A-5 new)
22    Sec. 9A-5. Legislative findings. The General Assembly find
23that the current campaign finance system:
24        (1) discourages many otherwise qualified candidates



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1    from running for office because of the need to raise
2    substantial sums of money to be competitive and to enable
3    them to adequately get their message out to voters;
4        (2) forces candidates to raise larger and larger
5    percentages of money from interest groups that have a
6    specific financial stake in matters before state
7    government to keep pace with rapidly increasing campaign
8    costs;
9        (3) diminishes elected officials' accountability to
10    their constituents by compelling them to be
11    disproportionately accountable to the relatively small
12    group of contributors who finance their election
13    campaigns;
14        (4) diminishes the rights of all citizens to equal and
15    meaningful participation in the democratic process;
16        (5) disadvantages challengers, because campaign
17    contributors tend to give their money to incumbents, thus
18    causing elections to be less competitive;
19        (6) burdens candidates with the incessant rigors of
20    fundraising and thus decreases the time available to carry
21    out their public responsibilities; and
22        (7) necessitates the creation of a Fair Elections Small
23    Donor Matching System to address these concerns.
24    (10 ILCS 5/9A-10 new)
25    Sec. 9A-10. Scope. The program created under this Article



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1applies to candidates for the offices of Governor, Attorney
2General, State Comptroller, State Treasurer, Secretary of
3State, State Senator, and State Representative. Candidates for
4these offices are eligible to participate in the matching funds
5program established by this Article.
6    (10 ILCS 5/9A-15 new)
7    Sec. 9A-15. Definitions. As used in this Article:
8    "Board" means the Campaign Finance Board of the State Board
9of Elections created under this Article.
10    "Candidate" means any person who seeks nomination for
11election, election to, or retention in public office as a
12Constitutional State Officer or a member of the Illinois Senate
13or General Assembly. A person seeks nomination for election,
14election or retention if he or she (1) takes the action
15necessary under the laws of this State to attempt to qualify
16for nomination for election, election to, or retention in
17public office or (2) receives contributions or makes
18expenditures, or gives consent for any other person to receive
19contributions or make expenditures with a view to bringing
20about his or her nomination for election or election to or
21retention in public office.
22    "Contribution" has the meaning ascribed to it in Section
239-1.4 of this Code, but does not include anything deemed an
24independent expenditure under this Article.
25    "Coordination" means an expenditure made in cooperation,



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1consultation, or concert with or at the request or suggestion
2of a candidate, an authorized committee of a candidate, a
3political committee of a political party, or agents of the
4candidate or candidate political committee, or any payment for
5any communication which republishes, disseminates or
6distributes, in whole or in part, any broadcast or any written,
7graphic, or other form of campaign material prepared by the
8candidate or his or her candidate political committee or their
10    "Election cycle" means the time beginning the January 1
11following a general election and ending on the December 31
12following the next general election.
13    "Expenditure" means"
14        (1) a payment, distribution, purchase, loan, advance,
15    deposit, gift of money, or anything of value, in connection
16    with the nomination for election, election, or retention of
17    any person to or in public office or in connection with any
18    question of public policy; or
19        (2) a payment, distribution, purchase, loan, advance,
20    deposit, gift of money, or anything of value that
21    constitutes an electioneering communication made in
22    concert or cooperation with or at the request, suggestion,
23    or knowledge of a Candidate, a political committee, or any
24    of their agents; or a transfer of funds by a political
25    committee to another political committee.
26    However, "expenditure" does not include:



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1        (A) the use of real or personal property and the cost
2    of invitations, food, and beverages, voluntarily provided
3    by an individual in rendering voluntary personal services
4    on the individual's residential premises for
5    Candidate-related activities; provided the value of the
6    service provided does not exceed an aggregate of $150 in a
7    reporting period as the Board may further define; or
8        (B) sale of any food or beverage by a vendor for use in
9    a Candidate's campaign at a charge less than the normal
10    comparable charge, if such charge for use in a Candidate's
11    campaign is at least equal to the cost of such food or
12    beverage to the vendor.
13    "Fund" means the Small Donor Democracy Matching Fund
14established under this Article.
15    "Immediate family" means a person's parents, siblings,
16spouse, and children.
17    "Independent expenditure" means an expenditure by anyone,
18including, but not limited to, any individual, corporation,
19partnership, political action committee, association, or
20party, that would otherwise constitute a contribution or
21expenditure under this Article, but that is made without any
22cooperation, consultation, or agreement with any political
24    "Initial qualifying contribution" means a qualified
25contribution used for the purpose of determining whether a
26candidate has raised the minimum number of contributions to



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1participate in the small donor matching funds program under
2this Article.
3    "Matching funds" means funds paid to a participating
4candidate under this Article.
5    "Matching funds program" means the campaign donation
6matching program created under this Article.
7    "Nomination period" means the period specified under this
8Code during which candidates must submit nomination papers for
9any of the State offices covered by this Article.
10    "Non-participating candidate" means any candidate who is
11not a participating candidate, including any candidate who has
12not qualified for matching funds or who has elected not to
13participate in the matching funds program.
14    "Participating candidate" means a candidate who qualifies
15for matching funds under this Article and opts to participate
16in the matching funds program created under this Article.
17    "Qualified contribution" shall mean a monetary
18contribution not less than $25 and not greater than the initial
19$150 of any contribution made by a qualified contributor.
20    "Qualified contributor" means a natural person resident in
21the State who will be eligible to vote within the current
22election cycle other than the candidate, members of the
23candidate's immediate family, and any political action
24committee controlled by the candidate.
25    "Qualifying period" means the period beginning the day
26after the date of the most recent general election for the



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1specific office or seat that a candidate is seeking and ending
2on the day prior to the election (whether primary or general
3election) for which the matching funds are sought.
4    (10 ILCS 5/9A-20 new)
5    Sec. 9A-20. Small Donor Democracy Matching Fund.
6    (a) There is created a Small Donor Democracy Matching Fund
7as a special fund in the State Treasury. The Fund is
8established for the purpose of:
9        (1) providing public financing for the election
10    campaigns of participating candidates under this Article;
11    and
12        (2) paying for the administrative and enforcement
13    costs of the Board related to the matching funds program
14    created by this Article.
15    (b) The General Assembly shall annually appropriate either
16$1 per resident of this State or one-twentieth of 1% of the
17State's annual budget, whichever is greater, to the Fund. The
18General Assembly shall appropriate no more than $50,000,000 to
19the Fund in any election cycle.
20    (c) Other revenue that shall be deposited into the Fund
22        (1) any funds returned by any Participating Candidate
23    that remain unspent by a Participating Candidate following
24    the date of the election for which they were distributed,
25    in accordance with subsection (c) of Section 9A-55 of this



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1    Code;
2        (2) fines levied by the Board or courts against
3    candidates for violation of violations of this Code, except
4    as otherwise provided by this Code; and
5        (3) voluntary donations made directly to the Fund.
6    (10 ILCS 5/9A-25 new)
7    Sec. 9A-25. Eligibility for matching funds.
8    (a) To be eligible to be certified as a participating
9candidate, a candidate must:
10        (1) during the qualifying period for the election
11    involved, choose to participate in the matching funds
12    program by filing with the Board a written application for
13    certification as a participating candidate in such form as
14    may be prescribed by the Board, containing the identity of
15    the participating candidate, the office that the
16    participating candidate seeks, and the participating
17    candidate's signature, under penalty of perjury,
18    certifying that:
19            (A) the participating candidate has complied since
20        the last election or the adoption of this amendatory
21        Act of the 100th General Assembly, whichever is most
22        recent, and will continue to comply, with the
23        restrictions of this Article during the applicable
24        election cycle; a candidate who has accepted
25        impermissible contributions prior to filing to



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1        participate in this program shall return any such
2        impermissible contributions prior to filing to
3        participate in this matching funds program to the
4        extent practical, as determined by the Board in adopted
5        rules;
6            (B) the participating candidate's campaign
7        committee has filed all campaign finance reports
8        required by law during the applicable election cycle to
9        date and that they are complete and accurate; and
10        (2) sign a participating candidate contract signifying
11    the candidate's prior compliance and continuing commitment
12    to comply with the requirements of this Article, to comply
13    with the contribution limits set forth in this Article and
14    in that contract, and to comply with any other requirements
15    set forth in that contract;
16        (3) meet all requirements of applicable law to be
17    listed on the ballot; and
18        (4) before the close of the qualifying period, collect
19    at least the following number of initial qualified
20    contributions for the office in question:
21            (A) 1,000 qualified contributions for candidates
22        for Governor;
23            (B) 500 qualified contributions for candidates for
24        Lieutenant Governor, Attorney General, State
25        Comptroller, State Treasurer, and Secretary of State;
26            (C) 200 qualified contributions for candidates for



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1        State Senator; and
2            (D) 100 qualified contributions for candidates for
3        State Representative;
4        each initial qualified contribution shall:
5                (i) have the initial qualified contributor's
6            signature, or an electronic equivalent for any
7            donations received on-line, signifying that the
8            initial qualified contributor understands that the
9            purpose of the initial qualified contribution is
10            to help the candidate qualify for the matching
11            funds program and that the contribution is made
12            without coercion or reimbursement; and
13                (ii) be acknowledged by a written receipt, or
14            the electronic equivalent for any donation
15            received on-line, to the initial qualified
16            contributor, with a copy retained by the
17            candidate; the receipt shall include the initial
18            qualified contributor's signature, printed name,
19            home address, and telephone number, if any, and the
20            name of the candidate on whose behalf the
21            contribution is made.
22        A contribution for which a candidate has not obtained a
23    signed and fully completed receipt, or its electronic
24    equivalent, shall not be counted as an initial qualified
25    contribution for the purpose of satisfying this
26    qualification requirement.



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1    (b) In addition to the requirements of subsection (a) of
2this Section, in order for a candidate for Governor or
3Lieutenant Governor to be eligible to be certified as a
4participating candidate, the other member of the team of
5candidates for the offices of Governor and Lieutenant Governor
6must also be a participating candidate.
7    (c) To remain eligible to continue to receive matching
8funds under this Article, a candidate must:
9        (1) maintain records of all contributions, receipts,
10    and expenditures as required by the Board;
11        (2) obtain and furnish to the Board any information it
12    may request relating to his or her campaign expenditures,
13    contributions, and qualified contributions and furnish any
14    documentation and other proof of compliance with this
15    Article as may be requested by the Board; and
16        (3) remain in compliance with the requirements set
17    forth in this Article.
18    (d) At the earliest practicable time after a candidate
19files a written application for certification as a
20participating candidate with the Board, in no event exceeding
2110 business days, the Board shall certify in writing that the
22candidate is or is not eligible. Eligibility may be revoked if
23the Board determines, after appropriate due process, that a
24candidate has committed a substantial violation of the
25requirements of this Article, in which case all matching funds
26granted to the candidate shall be repaid to the Fund. A



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1determination shall be made by the Board after an appropriate
2hearing, affording due process to the aggrieved party, under
3rules to be adopted by the Board that further define what
4constitutes a "substantial violation" and that set forth the
5procedures to be followed in connection with any such hearing.
6    (10 ILCS 5/9A-30 new)
7    Sec. 9A-30. Matching funds payments.
8    (a) A candidate who is certified as a participating
9candidate shall receive payment of matching funds equal to 6
10times the amount of qualified contributions received by the
11participating candidate during the election cycle with respect
12to a single election subject to the aggregate limit on the
13total amount of matching funds payments to a participating
14candidate specified in subsection (b) of this Section, unless
15the candidate has no opposition on the ballot. Unopposed
16candidates shall not be eligible to receive matching funds
17unless and until they cease to be unopposed; however, any
18candidate that had already received matching funds under this
19Article prior to becoming unopposed shall be entitled to retain
20those funds and spend those funds in accordance with Section
219A-50 of this Code.
22    (b) Subject to the requirements of subsection (a) of
23Section 9A-40 of this Code, the aggregate amount of matching
24funds payments that may be made to a participating candidate
25during an election cycle may not exceed the following:



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1        (1) $5,000,000 for candidates for Governor;
2        (2) $1,000,000 for candidates for Lieutenant Governor,
3    Attorney General, State Comptroller, State Treasurer, and
4    Secretary of State;
5        (3) $300,000 for candidates for State Senator; and
6        (4) $150,000 for candidates for State Representative.
7    (c) A participating candidate's application for matching
8funds, including an initial request submitted with an
9application for certification as a participating candidate,
10shall be made using a form prescribed by the Board and shall be
11accompanied as necessary by initial qualified contribution
12receipts and any other information the Board requires by rule.
13This application shall be accompanied by a signed statement
14from the participating candidate indicating that all
15information on the initial qualified contribution receipts is
16complete and accurate to the best of the participating
17candidate's knowledge. The Board shall verify that a
18participating candidate's qualified contributions meet all of
19the requirements and limitations of this Article prior to the
20disbursement of matching funds to the participating candidate.
21    (d) The Board shall make an initial payment of the matching
22funds within 10 business days of the Board's certification of a
23participating candidate's eligibility in accordance with the
24provisions of this Article, or as soon thereafter as is
26    (e) The Board shall establish a schedule for the submission



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1of matching funds payment requests, permitting a participating
2candidate submit a matching funds payment request at least once
3per month, in accordance with a schedule established by the
5    (f) In the event that 90% of the existing Fund has been
6distributed, the Board shall give notice within 24 hours to all
7candidates that only 10% of the Fund remains. Thereafter, the
8Board shall make no further Matching Fund payments until after
9election day and it shall only pay any requests submitted after
10notice has been distributed under this subsection (f)
11proportionally, spread over all candidates and requests
12equally, in a manner to be determined in greater detail
13pursuant to rules adopted by the Board.
14    (10 ILCS 5/9A-35 new)
15    Sec. 9A-35. Limits on contributions.
16    (a) Subject to the requirements of subsection (a) of
17Section 9A-40 of this Code, no candidate shall accept, directly
18or indirectly, any contribution (or combination of
19contributions) from the same person, corporation, partnership,
20political party, political action committee or other legal
21entity in excess of $500. However, if a candidate in the
22participating candidate's race exceeds the self-funding
23thresholds established in subsection (h) of Section 9-8.5 of
24this Code for that race, the limitation under this subsection
25(a) is increased to $2,500.



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1    (b) No participating candidate shall accept any
2contribution (or combination of contributions) from any
3person, corporation, partnership or other legal entity who
4lobbies members of the State executive or legislative branches,
5within the meaning of the Lobbyist Registration Act, or does
6business with the State. No participating candidate shall
7encourage, support, cooperate, or coordinate with any
8independent expenditure committee or any individual engaging
9in independent expenditures, whether in support of the
10candidate or in opposition to the candidate's opponent. The
11Board may adopt additional rules defining who constitutes a
12"lobbyist" and who is deemed to be "doing business" with the
13State within the meaning of this Article.
14    (c) No participating candidate shall make expenditures
15from or use his or her own personal funds or the personal funds
16or property held jointly with members of his or her immediate
17family in connection with his or her nomination for election or
18election, except as a contribution to his or her political
19committee in an amount that does not exceed 10 times the
20maximum contribution applicable under subsection (a) of this
21Section. No participating candidate shall make expenditures
22from or use other personal funds or property of his or her
23immediate family in furtherance of his or her own campaign.
24    (10 ILCS 5/9A-40 new)
25    Sec. 9A-40. Adjustment.



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1    (a) The Board shall revise the limits on contributions and
2on overall contributions at least one year prior to the next
3general primary election. The Board shall adjust them by an
4amount equal to the change in the Consumer Price Index for all
5Urban Consumers for all items published by the United States
6Department of Labor for the 12-month calendar year preceding
7readjustment. Amounts shall be rounded to the nearest $10. The
8revised overall limits shall be published no later than one
9year prior to the date of the next general primary election.
10    (b) The General Assembly shall review the amounts and
11numbers of required initial qualifying contributions, the
12ratio of matching funds, the additional limits on
13contributions, and the limits on overall contributions in the
146-month period following each general election to determine if
15they shall stay the same, after any adjustment for inflation
16under subsection (a) of this Section, or be increased for the
17next general primary election and general election.
18    (c) If the General Assembly determines that any of the
19figures specified in subsection (b) of this Section should
20change, then any proposed change, other than an adjustment for
21inflation under subsection (a) of this Section, shall be
22adopted for the next general election by a majority vote of
23each chamber of the General Assembly and shall also be
24submitted to the voters via a binding referendum for
25ratification at the next consolidated election for approval or
26rejection with respect to any future general elections.



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1    (10 ILCS 5/9A-45 new)
2    Sec. 9A-45. Campaign accounts for participating
3candidates. During an election cycle, each participating
4candidate shall conduct all campaign financial activities
5through a single political action committee, consistent
6subsection (b) of Section 9-2 of this Code, and shall comply
7with any additional record keeping requirements imposed under
8this Article by the Board.
9    (10 ILCS 5/9A-50 new)
10    Sec. 9A-50. Expenditures of matching funds.
11    (a) A participating candidate shall use matching funds only
12for direct campaign purposes. The Board may further define the
13phrase "direct campaign purposes" by rule.
14    (b) Neither a participating candidate nor anyone acting on
15his or her behalf shall use matching funds for:
16        (1) costs of legal defense in any campaign law
17    enforcement proceeding;
18        (2) indirect campaign purposes, including, but not
19    limited to:
20            (A) the participating candidate's personal support
21        or compensation to the participating candidate or the
22        participating candidate's immediate family;
23            (B) clothing, haircuts, and other items related to
24        the participating candidate's personal appearance;



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1            (C) a contribution or loan to the campaign
2        committee of another candidate, a party committee, or
3        other political committee;
4            (D) an independent expenditure;
5            (E) automobile purchases, tuition payments, or
6        childcare costs;
7            (F) dues, fees, or gratuities at a country club,
8        health club, recreational facility, or other
9        nonpolitical organization unless part of a specific
10        fundraising event that takes place on the
11        organization's premises;
12            (G) admission to a sporting event, theater,
13        concert, or other entertainment event not part of a
14        specific campaign activity; or
15            (H) gifts, except for brochures, buttons, signs,
16        and other campaign materials and token gifts valued at
17        not more than $50 that are for the purpose of
18        expressing gratitude, condolences, or congratulations.
19    (10 ILCS 5/9A-55 new)
20    Sec. 9A-55. Disclosure requirements and procedures; return
21of funds.
22    (a) Each participating candidate shall file reports of
23contribution receipts and of expenditures of matching funds and
24other campaign funds at such times and in such manners as the
25Board may prescribe by rule, including, but not limited to,



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1reports containing information necessary to verify that the
2qualified contributions received by participating candidates
3and that the matching funds spent by participating candidates
4comply with the restrictions and requirements of this Article.
5    (b) The Board by rule shall adopt procedures for auditing
6any reports filed with it as well as related reports filed with
7the State Board of Elections and issuing a public report
8summarizing the election results, the campaign expenditures
9made in connection with offices covered by this Article, and
10the level and amount of matching funds provided to each
12    (c) Within 90 days after the consolidated or general
13election, every participating candidate who received matching
14funds under this Article shall repay the Fund any unused
15matching funds, calculated as follows: any unused campaign
16funds shall be multiplied by a ratio consisting of the total
17amount of matching funds received by the campaign in the
18numerator and the total amount of campaign funds raised by the
19campaign in the denominator. The amount of any repayment under
20this subsection (c) shall not exceed the total amount of
21matching funds paid to the campaign.
22    (10 ILCS 5/9A-60 new)
23    Sec. 9A-60. Joint campaign contributions and expenditures.
24Where multiple candidates are otherwise permitted under State
25law to engage in joint efforts to raise campaign contributions



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1or in joint campaign expenditures, any contribution received at
2a joint fundraising event and any joint campaign expenditures
3shall be appropriately allocated among the participating
4candidates in a reasonable manner to be agreed upon by those
5candidates participating in the activity. The Board may review
6the reasonableness of any allocation under this Section.
7    (10 ILCS 5/9A-65 new)
8    Sec. 9A-65. Application of contribution and expenditure
9limitations to certain political activities. Nothing in this
10Article shall be construed to restrict candidates or their
11agents from making appearances at events sponsored or paid for
12by persons, political committees, or other entities that are
13not in any way affiliated with the candidate or any agent of
14the candidate. The costs of these events shall not be
15considered contributions to or expenditures by the candidate
16for purpose of this Article simply because the candidate or
17agent appears at such an event. However, this provision does
18not apply to events at which contributions are solicited on
19behalf of the participating candidate.
20    (10 ILCS 5/9A-70 new)
21    Sec. 9A-70. Campaign Finance Board; general powers and
23    (a) A Campaign Finance Board is created within the State
24Board of Elections, consisting of 5 members appointed by the



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1Governor with the approval of a majority of both the House of
2Representatives and the Senate. Each party or caucus
3represented in the General Assembly shall have at least one
4member on the Board. However, the Chairperson of the Board
5shall not be affiliated any political party. The initial
6appointments required under this subsection (a) shall be made
7within 6 months of the effective date of this amendatory Act of
8100th General Assembly, and their terms shall commence on the
9January 1 following appointment. The terms of office for the
10initial appointees shall be, except for the Chairperson,
11determined by lot as follows:
12        (1) one member shall serve a term of one year;
13        (2) one member shall serve a term of 2 years;
14        (3) one member shall serve a term of 3 years;
15        (4) one member shall serve a term of 4 years; and
16        (5) the initial Chairperson shall serve a term of 5
17    years.
18    Thereafter, each member shall be appointed for a term of
19five years, according to the original manner of appointment. In
20the case of a vacancy in the office of a member, a member shall
21be selected to serve the remainder of the unexpired term in the
22same manner the vacating member was selected. Members shall
23serve no more than 3 consecutive terms. No member of the Board
24may be removed from office except for cause, after notice and a
25hearing by the Senate.
26    (b) To be eligible to serve as a member of the Board, an



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1individual must meet all of the following qualifications
2throughout the period of his or her service:
3        (1) the member must be a resident of Illinois, eligible
4    and registered to vote;
5        (2) the member must agree that he or she and any
6    members of his or her immediate family will not make any
7    contributions to any candidate for any of the offices
8    eligible to receive matching funds during his or her term
9    of service;
10        (3) the member must agree not to (i) serve as an
11    officer of a political party or (ii) be a candidate or
12    participate in any capacity in a campaign by a candidate
13    for any of the offices eligible to receive public matching
14    funds under this Article during his or her term of service;
15        (4) the member may not otherwise be an officer or
16    employee of the State, nor a lobbyist engaged in lobbying
17    any elected officials of the State; and
18        (5) the member must agree to undergo training under the
19    supervision of the chairperson of the Board.
20    (c) Subject to appropriations, the members of the Board
21shall be compensated at a rate specified by law while
22performing the work of the Board.
23    (d) The Board may employ necessary staff, including
24attorneys and accountants, and may utilize the services of
25employees of the State Board of Elections to assist the Board
26in carrying out its duties. Subject to appropriations, the



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1total budget for the Board's operations shall not be less than
2.01% of the overall State budget.
3    (e) The Board shall have the authority to adopt rules and
4provide forms as it deems necessary to administer the matching
5funds system created by this Article. The Board shall adopt
6rules concerning the form in which contributions and
7expenditures are to be reported, the periods during which such
8reports must be filed, the measures for auditing and reporting
9on campaign contributions and expenditures and the
10verification required.
11    (f) The Board shall have the power to investigate all
12matters relating to the performance of its functions and any
13other matter relating to the proper administration of this
14Article. It shall have the power to require the attendance of
15witnesses, to examine and take testimony under oath of any
16persons as it shall deem necessary, and to require the
17production of books, accounts, papers, and any other relevant
18evidence relative to such investigation.
19    (g) The Board shall develop a program for informing
20candidates and the public about the small donor matching funds
21system created by this Article. The Board may prepare and make
22available educational materials, including compliance manuals
23and summaries of the relevant provisions of this program. The
24Board shall prepare and make available materials including, to
25the extent feasible, computer software, to facilitate the task
26of compliance with the disclosure and record-keeping



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1requirements under this Article.
2    (h) The Board shall have the power to render advisory
3opinions with respect to questions arising under this Article.
4These opinions may be requested in writing by any candidate,
5political committee, member of the general public, or member of
6the Board. The Board shall adopt rules regarding submissions
7and responses to such requests, including response times. The
8Board shall make public its response to any such requests, as
9well as to any other formal rulings or interpretations it
10makes, including by posting them on its website, if
12    (i) The Board shall have the authority to implement any
13system established for the regulation of inauguration and
14transition donations and expenditures, including any related
15penalties. It shall also have the authority to adopt and
16implement a system for handling the transition from the
17existing campaign finance system and any pre-existing
18political committees and contributions to the small donor
19matching funds system implemented by this Article.
20    (j) The Board may take such other actions as are necessary
21and proper to carry out its functions and the purposes of
22adoption of a small donor matching funds system. The specific
23grants of power under this Section do not constitute and shall
24not be construed as limitations on the other proper and
25necessary powers of the Board.
26    (k) All final administrative decisions under this Article



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1are subject to judicial review under the Administrative Review
2Law and its rules.
3    (10 ILCS 5/9A-75 new)
4    Sec. 9A-75. Public campaign financing program penalties.
5    (a) If a participating candidate knowingly accepts or
6spends matching funds in violation of this Article, then the
7candidate shall repay to the Fund a civil fine in an amount
8equal to twice the value of the funding unlawfully accepted or
10    (b) The Board shall, after a hearing affording the
11aggrieved party due process, have the authority to impose the
12fine created by this Section, to order repayment of
13overpayments that were not knowingly received, and to take any
14other appropriate action, pursuant to any additional rules
15concerning such hearings as the Board shall adopt.
16    (c) Any member of the public, as well as the Board on its
17own initiative, shall have standing to file a complaint with
18the Board alleging a violation of this Article. In the event a
19complaint is filed by an opposing Candidate, or in coordination
20with an opposing Candidate's campaign, the Board shall have the
21option of awarding costs and attorneys' fees in the event the
22complaint is found to have been lacking a reasonable basis.
23    (d) The Board shall adopt appropriate rules guaranteeing
24notice and due process to anyone accused of violating this
25Article and setting forth the process the Board will follow in



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1investigating and adjudicating any such complaint.
2    Section 97. Severability. The provisions of this Act are
3severable under Section 1.31 of the Statute on Statutes.
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".