SB2144 96TH GENERAL ASSEMBLY

LRB096 09692 JAM 19853 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2144

Introduced 2/20/2009, by Sen. Kwame Raoul

SYNOPSIS AS INTRODUCED:

New Act
10 ILCS 5/Art. 7B heading new
10 ILCS 5/7B-5 new
10 ILCS 5/7B-10 new
10 ILCS 5/7B-15 new
10 ILCS 5/7B-25 new
10 ILCS 5/7B-30 new
10 ILCS 5/7B-35 new
10 ILCS 5/9-1.5	from Ch. 46, par. 9-1.5
10 ILCS 5/9-25.1	from Ch. 46, par. 9-25.1; formerly Ch. 46, pars. 102, 103 and 104
30 ILCS 105/5.719 new
35 ILCS 5/506.7 new
705 ILCS 105/27.15 new

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

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning judicial elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Judicial Campaign Reform Act.

Section 5. Definitions. In this Act:

"Board" or "State Board" means the State Board of Elections.

"Candidate" means any person seeking nomination or election to the office of Judge of the Illinois Supreme Court or Judge of the Illinois Appellate Court.

"General election campaign period" means the period beginning on the day after the general primary election and ending on the day of the general election.

"Eligible candidate" means a candidate who qualifies for public financing under this Act.

"Fair election debit card" means a debit card issued by the State Treasurer in accordance with Section 65 entitling a candidate and agents of the candidate designated by the candidate to draw money from an account maintained by the State Treasurer to make expenditures authorized by law.

"Fund" or "Illinois Judicial Election Democracy Trust Fund" means a special fund created in the State treasury.

"Immediate family", when used with reference to a candidate, includes the candidate's spouse, parents, and children.

"Personal funds" means funds contributed by a candidate or a member of a candidate's immediate family.

"Primary election campaign period" means the period beginning 30 days after the last day prescribed by law for filing nomination papers and ending on the day of the general primary election.

"Public financing qualifying period" means, for candidates seeking the nomination of an established party in a general primary election, the period beginning on the first day of July of an odd-numbered year and ending on the day before the beginning of the primary election campaign period for the office of Judge of the Illinois Supreme Court or Judge of the Illinois Appellate Court. For candidates nominated by established parties by other means than the general primary, the public financing qualifying period begin on the first day of July in an odd-numbered year and ends 7 days after the candidate is nominated. For all other candidates, the period beginning on the first day of July in an odd-numbered year and ending 7 days after last date for nomination of candidates as set forth in Article 10, Section 10-6 of the Election Code.

"Qualifying contributor" means a resident, at least 18 years old as of the date of the next election, of the district in which the candidate seeks office whom the candidate designates among the minimum number needed to qualify for eligibility for an initial public financing benefit.

"Qualifying report" is a list of all qualifying contributors and the dates and amounts of each of their contributions. Candidates may list more contributions on their qualifying report than are necessary to establish eligibility for receipt of an initial public financing benefit. Any contributors listed on a qualifying report over and above the minimum number necessary to establish eligibility shall not be deemed qualifying contributors for the purpose of matching funds.

Section 10. Qualification; certification.

(a) A candidate for nomination in the general primary election shall be certified as an eligible candidate to receive public financing benefits for the primary election campaign period only upon fulfillment of the duties outlined in this subsection. The candidate must apply to the State Board for a public financing benefit and file a sworn statement that the candidate has complied and will comply with all requirements of this Act throughout the applicable campaign, including the general primary election and the general election. A candidate must file the application and statement and a qualifying report no later than the beginning of the primary election campaign period. The Board shall certify a candidate as an eligible candidate for receipt of public financing for a primary election if the candidate (1) applies to the State Board, (2) files a sworn statement that the candidate has complied and will comply with all requirements of this Act through the campaign, including both the primary election and the general election, and (3) receives contributions from a number of qualifying contributors equal to 0.15% of the number of ballots cast in the judicial district in the last gubernatorial election from individual qualifying contributors before the close of the public financing qualifying period.

(b) A candidate who does not seek the nomination of an established party in a general primary may participate in the program and qualify for public financing benefits for the general election campaign period only. The Board shall certify a candidate as an eligible candidate for receipt of public financing benefits during the general election campaign period only if the candidate (1) applies to the State Board, (2) files a sworn statement that the candidate has complied and will comply with all requirements of this Act through the general election, and (3) receives contributions from a number of qualifying contributors equal to 0.25% of the number of ballots cast in the judicial district in the last gubernatorial election from individual qualifying contributors before the close of the public financing qualifying period.

(c) The State Board may require candidates to file qualifying reports in electronic format. If so required, the State Board shall either (i) provide, without charge, all software necessary to comply with this requirement or (ii) ensure that the necessary software is commonly available to the public at minimal cost.

(d) The State Board shall verify a candidate's compliance with the requirements of subsections (a) and (b) by any verification or sampling techniques that the State Board considers appropriate.

(e) Each candidate shall acknowledge each contribution by a receipt to the contributor that contains the contributor's name and home address.

(f) A contribution may be used only for the purpose of making an expenditure authorized by law.

Section 15. Time of application; general election.

(a) Before a candidate who sought a party nomination in the general primary may be certified as eligible for receipt of public financing for a general election, that candidate must apply to the Board and file a sworn statement that the candidate has fulfilled all the requirements of this Act during the primary election campaign period, has won the nomination in the general primary, and will comply with the requirements of this Act during the general election campaign period. The application must be filed no later than the 7th day after the date of the general primary election.

(b) The Board shall certify a candidate as an eligible candidate for receipt of public financing for a general election campaign period if the candidate complies with subsection (a), the candidate was an eligible candidate during the primary election campaign period, and is declared the winner of the party nomination for the office.

(c) In the event that more than one candidate in a general primary election files an application for the general election, the Board shall accept applications from all candidates who comply with subsection (a) but shall postpone the declaration of eligibility for the general election until after the general primary results are certified. After the results have been certified, if the nominee filed an application under subsection (a), the Board shall declare that candidate eligible for the general election.

Section 20. Agreement by candidate. An eligible candidate who accepts public financing benefits under this Act during the primary election campaign period must agree to comply with all requirements of this Act throughout the general election campaign period as a precondition to receipt of public financing. An eligible candidate who accepts a public financing benefit during a primary election campaign period may not elect to accept private contributions in violation of this Act during the corresponding general election campaign period.

Section 25. Qualifications for eligible candidates.

(a) An eligible candidate may not accept private contributions from any donor other than an individual, nor in aggregate amounts less than $5 nor greater than $250 in any election period.

(b) In addition to reports required to be filed under the Election Code, a candidate who receives a public financing benefit must furnish complete financial records, including receipts and expenditures, on the last day of each month.

(c) In addition to adhering to requirements imposed under the Election Code, a candidate who receives a public financing benefit must maintain records of all contributions of at least $5. These records shall contain the full name and home address of the contributor.

(d) The candidate shall return any contributions not in compliance with subsection (c). If the candidate is unable to locate the contributor of any contribution not in compliance with subsection (c) within 2 working days, they shall transfer said contribution to the Judicial Election Democracy Trust Fund. That contribution shall not count toward the maximum amount that a contributor may contribute.

(e) No eligible candidate and no person acting on a candidate's behalf may accept any contribution that is not recorded in accordance with this Section in a candidate's campaign account.

Section 30. Personal funds of candidates.

(a) The personal funds of an eligible candidate contributed to his or her campaign committee may not exceed an aggregate amount of $10,000.

(b) Eligible candidates shall not loan personal funds to their campaign.

Section 40. Certification by candidate; line of credit.

(a) To apply for a public financing benefit, a candidate must certify to the State Board that the candidate has complied and will comply, throughout the applicable campaign, with all requirements of this Act and that all disclosures required at the time of application have been made. The candidate must present evidence of the requisite number of qualifying contributions received by the candidate. The candidate's request for certification must be signed by the candidate and the treasurer of the candidate's political committee.

(b) The Board shall distribute to each eligible candidate at the general primary election a line of credit for public financing promptly after the candidate demonstrates his or her eligibility and, in any event, not later than 5 days after the end of the public financing qualifying period; provided, however, that no candidate may use a line of credit distributed under this subsection until the beginning of the primary election campaign period.

(c) The Board must distribute to each eligible candidate in the general election a line of credit for public financing not later than the earlier of (i) 48 hours after the official canvass and proclamation under Section 22-7 of the Election Code or (ii) 21 days after the date of the general primary election. No candidate who filed to run in the general primary or who ran in the general primary may receive a line of credit until all similarly situated candidates for that seat who apply and qualify for a public financing benefit have been certified as eligible candidates.

(d) If any candidate who receives a public financing benefit violates the requirements of this Act, the candidate shall be subject to the penalties and enforcement in Section 70. The Board shall deposit all repayments received under this subsection into the Illinois Judicial Election Democracy Trust Fund.

Section 50. Public financing benefits.

(a) The State Board must provide to each eligible candidate who qualifies to receive public financing benefits a separate line of credit in the amounts specified in this Section. An eligible candidate may use this credit to finance any lawful expenditures during the primary and general election campaign periods. An eligible candidate may not use this credit to repay any loan in violation of this Act or any other applicable law.

(b-11) The initial public financing benefit available to eligible candidates for the office of Judge of the Illinois Supreme Court for the primary and general elections shall be $750,000, except as provided in subsection (d).

(b-2) The initial public financing benefit available to eligible candidates for the office of Judge of the Illinois Appellate Court for the primary and general elections shall be $250,000, except as provided in subsection (d).

(c) Eligible candidates may decide the allocation of their initial benefit between the primary election campaign period and the general election campaign period, provided that no candidate may allocate less than 20% or more than 80% during the primary election campaign period, nor may a candidate allocate more than 80% during the general election campaign period. Any portion of the benefit allocated but unspent or uncommitted for expenses at the close of the primary election campaign period may be spent during the general election campaign period. Funds unspent or uncommitted for expenses incurred during a campaign shall be returned to the Fund after the conclusion of the campaign.

(d) An eligible candidate in a race for which no other candidates are certified to the ballot in a general primary shall receive an initial public financing allocation of $50,000 for the primary election campaign period, and may receive an initial allocation for the general election not to exceed 80% of the full initial public financing benefit. An eligible candidate in a race for which no other candidates are certified to the ballot in a general election shall receive an initial public financing allocation of $75,000 for the general election campaign period inclusive of any funds unspent or uncommitted during the primary election campaign period.

(e) Eligible candidates may apply for matching funds for all donations made by individuals other than qualifying contributors. Matching funds shall be made available in an amount equal, in aggregate, to twice the amount donated by individuals other than qualifying contributors, provided that only the first $100 from any donor during any election period shall be eligible for matching funds and that aggregate matching funds shall not exceed the initial public financing benefit indicated in subsection (b). Candidates in a race for which no other candidate is certified to the ballot are not eligible for matching funds.

(f) Beginning on January 1, 2011 and every 2 years thereafter, the Board shall modify the public financing benefits provided for in subsection (b) to adjust for the change in the Consumer Price Index, All Items, U. S. City Average, published by the United States Department of Labor for the preceding 2-year period ending on December 31.

Section 65. Illinois Judicial Election Democracy Trust Fund.

(a) All moneys collected under Sections 40 and 70 of this Act shall be deposited into the Illinois Judicial Election Democracy Trust Fund and may be used by the State Board of Elections in accordance with this Act. The State Treasurer, in consultation with the Board, shall contract with a debit card issuer to permit eligible candidates and their agents to draw upon moneys appropriated from the Trust Fund through an account with the card issuer.

(b) Upon a determination of a candidate's eligibility for a public financing benefit, the State Treasurer must issue to the eligible candidate a debit card, known as the fair election debit card, entitling the candidate and agents designated by the candidate to draw money from an account to make expenditures on behalf of the candidate.

(c) No eligible candidate or agent of an eligible candidate may make any expenditure by any means other than through the use of the fair election debit card. No such candidate or agent may use a fair election debit card for any expenditure not directly related to the nomination or election of the eligible candidate, and the campaign will account for each expenditure by listing the vendor or recipient and purpose of each expenditure, in addition to disclosure requirements of Article 9 of the Election Code. A candidate must maintain records of all such expenditures and must report the expenditures to the State Board in accordance with Section 25.

(d) The State Board of Elections may draw upon funds in the Illinois Judicial Election Democracy Trust Fund to support the administration of the program. These funds may be used only to pay costs to the State Board that are directly associated with the administration of the program, including but not limited to, ensuring compliance with this Act and promoting the income tax checkoff. These administrative reimbursements shall not exceed 1% of the Trust Fund balance in fiscal years when there is no eligible seat on the ballot or 5% of the Trust Fund balance in fiscal years when there is an eligible seat on either a primary or general election ballot.

Section 70. Penalties; enforcement.

(a) If an eligible candidate makes expenditures that exceed the funds raised in accordance with this Act, the Board shall require the candidate to forfeit to the Illinois Judicial Election Democracy Trust Fund an amount equal to not more than 10 times and not less than 2 times the amount by which the expenditures exceeded the allocation.

(b) The Board shall require any eligible candidate who accepts contributions in excess of any limitation set by this Act to forfeit to the Illinois Judicial Election Democracy Trust Fund an amount equal to not more than 10 times and not less than 2 times the amount by which the contributions exceed the applicable limitation.

(c) If the Board finds that there is reasonable cause to believe that a candidate has made excess expenditures or has accepted excess contributions in violation of the Act, the Board must attempt for a period of not more than 14 days after its finding to correct the matter by informal methods of conference and conciliation and to enter into a settlement and conciliation agreement with the candidate involved. A settlement and conciliation agreement made under this subsection is a public record. Unless violated, a settlement and conciliation agreement is a bar to any civil action under subsection (d).

(d) If the Board has reasonable cause to believe that a candidate has made excess expenditures or has accepted excess contributions and the Board is unable to correct the matter by informal methods within the time prescribed in subsection (c), the Board must make a public finding of reasonable cause in the matter. After making a public finding, the Board may bring an action in the circuit court to impose a forfeiture under subsection (a) or (b).

(e) If an elector believes that a candidate has violated this Act and the elector is entitled to vote for or against the candidate in the election in connection with which the violation is alleged to have occurred, the elector may file a complaint with the Board requesting it to take remedial action. If the Board refuses to take remedial action or, within 30 days after the filing of a complaint, fails to take remedial action, the elector may commence a civil action in an appropriate circuit court requesting the court to impose a forfeiture under subsection (a) or (b).

(f) The Board and the circuit court must expedite all proceedings under this Section so that all complaints brought prior to an election are resolved, to the extent possible, before the election is held.

(g) If a complaint brought under this Section is resolved against the complainant and is found to have been brought in bad faith and without reasonable basis therefor, the circuit court shall assess costs, including reasonable attorney fees, against the complainant.

Section 75. Prohibited acts.

(a) If an eligible candidate or agent of an eligible candidate knowingly accepts more contributions than the candidate is entitled to receive or makes expenditures exceeding the amount of the public financing benefit received by the candidate, the candidate or agent is guilty of a Class 3 felony.

(b) If a candidate who receives a public financing benefit, or an agent of that candidate, knowingly makes an expenditure by means other than those allowed by this Act, the candidate or agent is guilty of a Class 3 felony.

(c) If, in connection with the receipt or expenditure of a public financing benefit for an election campaign, any person knowingly provides false information to the Board, or knowingly conceals or withholds information from the Board, that person is guilty of a Class 3 felony.

Section 90. Deposits into Illinois Judicial Election Democracy Trust Fund.

(a) The Department of Revenue shall transfer to the Illinois Judicial Election Democracy Trust Fund any amounts contributed to the Illinois Judicial Election Democracy Trust Fund collected pursuant to Section 506.7 of the Illinois Income Tax Act.

(b) The Treasurer shall deposit into the Illinois Judicial Election Democracy Trust Fund all amounts collected by the clerks of courts under Section 27.10 of the Clerks of Courts Act and transferred to the Treasurer.

Section 105. Voluntary contributions. Individuals and other entities may make direct voluntary contributions to the Illinois Judicial Election Democracy Trust Fund. However, contributions may not exceed $1,000 per calendar year.

Section 110. Fund operational. The Illinois Judicial Election Democracy Trust Fund shall become operational when the Fund has attained $5,000,000.

Section 115. Severability. The provisions of this Act are severable. If any provision of this Act is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions of the Act that can be given effect without the invalid provision.

Section 900. The Election Code is amended by changing Sections 9-1.5 and 9-25.1 and by adding the heading of Article 7B and Sections 7B-5, 7B-10, 7B-15, 7B-25, 7B-30, and 7B-35 as follows:

(10 ILCS 5/Art. 7B heading new)

ARTICLE 7B. JUDICIAL CAMPAIGN CONTRIBUTION LIMITS

(10 ILCS 5/7B-5 new)

Sec. 7B-5. Definitions. As used in this Article:

"Association" means any group, club, meeting, collective, membership organization, or collection of persons other than a corporation or labor organization, or any entity organized under Sections 501 or 527 of the Internal Revenue Code, except that an association does not include a political committee organized under Article 9 that qualifies as a judicial fund under this Article.

"Board" means the State Board of Elections.

"Candidate" or "judicial candidate" means any person who seeks nomination to, election to, or retention in judicial office, whether or not the person is nominated, elected, or retained. A person seeks nomination for election, election, or retention if he or she (i) takes the action necessary under the laws of this State to attempt to qualify for nomination for election to, election to, or retention in judicial office or (ii) receives contributions or makes expenditures, or gives consent for any other person to receive contributions or make expenditures, with a view to bringing about his or her nomination for election to, election to, or retention in judicial office.

"Clearly identified" means that:

(A) The name, voice, image, or likeness of a candidate appears; or

(B) The identity of the candidate is apparent by unambiguous reference.

"Contribution" means:

(A) Any contribution as that term is defined in Article 9, or

(B) A payment for any activity in support of or in opposition to any judicial candidate or for electioneering communications in relation to any judicial candidate if such activity or communications is conducted in concert or cooperation with the political committee of any judicial candidate.

(C) The term "contribution" shall not include:

(i) Communications on any subject by a corporation to its stockholders and executive or administrative personnel and their families, or by a labor organization to its members and their families, or by an association to its members and their families.

(ii) Nonpartisan registration and get-out-the-vote by a corporation aimed at its stockholders and executive or administrative personnel and their families, or by a labor organization aimed at its members and their families, or by an association aimed at its members and their families.

(iii) The establishment, administration, and solicitation of contributions to a separate segregated fund to be used for political purposes by a corporation, labor organization, or association.

(iv) A secured loan of money by a national or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business, provided that the security for the loan, if provided by a person other than the candidate or his or her committee, would qualify as a contribution or expenditure.

(v) A distribution of funds from the Illinois Judicial Election Democracy Trust Fund.

"Corporation" includes a limited liability company, partnership, professional practice, cooperative, or sole proprietorship, whether organized on a for-profit or non-profit basis.

"Election" means:

(A) A general primary election or general election, or

(B) A retention election as that term is used in Article 7A.

"Election period" means any of:

(A) The period beginning one year prior to the date of any general primary election for a judicial office and ending the day of the general primary election;

(B) The period beginning on the day after the general primary election for a judicial office and ending 90 days after the general election for that judicial office; or

(C) The period beginning on the date on which a sitting judge declares for retention and ending 90 days after the retention election.

"Expenditure" means:

(A) Any expenditure as that term is defined in Article 9, or

(B) Any contract, promise, or agreement, whether written or oral, to make an expenditure in concert or cooperation with the political committee of a judicial candidate, regardless of when the funds are actually disbursed.

"Independent expenditure" means an expenditure by a person:

(A) Expressly advocating the election or defeat of a clearly identified candidate or engaging in electioneering communications in relation to a candidate; and

(B) That is not made in concert or cooperation with or at the request or suggestion of the candidate, the candidate's designated political committee, or agents of the candidate or committee.

"Judicial fund" means any political committee, organized under Article 9, that receives contributions only from donors aggregating not more than the amount designated in Section 7B-15.

"Labor organization" means any organization of any kind or any agency or employee representation committee or plan in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

"Natural person" means any one human being.

"Person" includes an individual, trust, partnership, committee, association, corporation, labor organization, or any other organization or group of persons, including a political committee organized under Article 9.

(10 ILCS 5/7B-10 new)

Sec. 7B-10. Designated political committee.

(a) Each candidate shall designate in writing one and only one judicial fund to serve as the political committee of the candidate. The designation is irrevocable for the duration of the candidacy and shall be filed with the State Board of Elections.

(b) The name of the designated committee shall include the name of the candidate who designated the committee under subsection (a). No political committee that is not a designated committee may include the name of that candidate in its name.

(c) All designations required to be filed under this Article shall be filed with the Board. The Board shall retain these designations and make them available for public inspection and copying in the same manner as statements of organization required under Article 9.

(10 ILCS 5/7B-15 new)

Sec. 7B-15. Limitation on contributions.

(a) No person shall make contributions to a candidate-designated political committee, except that:

(1) Natural persons may contribute no more than $2,300 per election period.

(2) Judicial funds established by a State political party may contribute not more than $20,000 during the election period that includes the general election, provided that all committees established by a State political party, under State or federal law, shall be considered as one committee for the purpose of this Section.

(3) Any other judicial fund may contribute no more than $5,000 during an election period.

(4) A corporation, labor organization, or association may contribute from its own treasuries no more than $2,000 during each election period. All contributions from associated entities shall be aggregated for the purposes of this Section. If any corporation, labor organization, or association or any of its affiliates is the sponsoring entity for a political committee, then the corporation, labor organization, or association, together with its affiliates, may contribute no more than an aggregate of $2,000, and the corporation, labor organization or association, together with its affiliates and any related political committees, may contribute no more than $5,000.

(b) No contributor other than a judicial fund may contribute in aggregate more than $20,000 to judicial funds during any election period.

(c) On January 1 of every odd-numbered year, the State Board of Elections shall adjust the limits established in subsection (a) for inflation as determined by the Consumer Price Index for All Urban Consumers as determined by the United States Department of Labor and rounded to the nearest $100.

(d) In any instance where (i) a corporation and any of its subsidiaries, branches, divisions, departments, or local units; (ii) a labor organization and any of its subsidiaries, branches, divisions, departments, or local units; or (iii) an association or any of its affiliates, subsidiaries, branches, divisions, departments, or local units contribute to a candidate's political committee, all such contributions shall be treated as from a single donor for the purposes of subsection (a).

(e) For the purposes of the limitations provided by subsection (a), a candidate's designated political committee and any other committee directly or indirectly established, financed, maintained, or controlled by that candidate, or working in concert or cooperation with the candidate's designated committee, shall be considered to be a single political committee.

(f) With respect to expenditures:

(1) Expenditures made by any person in concert or cooperation with, or at the request or suggestion of, a candidate, his or her designated committee, or their agents shall be considered a contribution to the candidate's designated committee and, together with all other contributions from that same source, are subject to the limits of this Section.

(2) The financing by any person of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic, or other form of campaign materials prepared by the candidate, his or her campaign committee, or their designated agents shall be considered to be a contribution to the candidate's designated committee for the purposes of this subsection and, together with all other contributions from that same source, are subject to the limits of this Section.

(g) For the purposes of the limitations designated by this Section, all contributions made by a person, either directly or indirectly, to a particular candidate's designated committee, including contributions that are in any way earmarked or otherwise directed through an intermediary or conduit to the candidate, shall be treated as contributions from the person to the candidate-designated committee. The intermediary or conduit shall report the original source and the intended recipient of the contribution to the Board and to the intended recipient.

(h) No candidate or political committee shall knowingly accept any contribution or make any expenditure in violation of the provisions of this Section. No officer or employee of a political committee shall knowingly accept a contribution made for the benefit or use of a candidate or knowingly make any expenditure in support of or opposition to a candidate or for electioneering communications in relation to a candidate in violation of any limitation designated for contributions and expenditures under this Section.

(10 ILCS 5/7B-25 new)

Sec. 7B-25. Prohibition of anonymous contributions and contributions in the name of another.

(a) No person shall make a contribution in the name of another person or knowingly permit his or her name to be used to effect such a contribution.

(b) No person shall knowingly accept a contribution made by one person in the name of another person.

(c) No person shall knowingly accept reimbursement from another person for a contribution made in his or her own name.

(d) No person shall make an anonymous contribution.

(e) No person shall knowingly accept any anonymous contribution.

(f) No person shall predicate (i) any benefit, including but not limited to employment decisions including hiring, promotions, bonus compensation, and transfers, or (ii) any other gift, transfer, or emolument upon (1) the decision by the recipient of that benefit to donate or not to donate to a candidate or (2) the amount of any such donation.

(g) Anonymous contributions shall escheat to the State of Illinois. Any political committee that receives such a contribution shall forward it immediately to the State Treasurer.

(h) Immediately upon discovery that it has received contributions given in the name of another, the recipient shall redesignate the contributions according to their true origin. A committee may retain such contributions only once the true origin of the donation has been reported, subject to any other provisions of this Article, unless the committee knew that the true donor was disguising his or her identify at the time of the original receipt. If the committee knew at the time of original receipt that the true donor was disguising his or her identity, the funds shall escheat to the State and the Board shall assess an additional penalty of at least $1,000 and not more than $5,000 for a first violation and of at least $3,000 and not more than $10,000 for second and subsequent violations.

(10 ILCS 5/7B-30 new)

Sec. 7B-30. Complaints.

(a) The Board may receive complaints alleging that a violation of this Article has occurred. The Board may bring complaints and investigations on its own initiative when the Board has reason to believe that a violation of this Article has occurred.

(b) Upon receipt of a complaint, the Board shall hold a closed preliminary hearing to determine whether or not the complaint appears to have been filed on justifiable grounds. The closed preliminary hearing shall be conducted as soon as practicable after affording reasonable notice, a copy of the complaint, and an opportunity to testify at the hearing to both the person making the complaint and the person against whom the complaint is directed. If the Board determines that the complaint has not been filed on justifiable grounds, it shall dismiss the complaint without further hearing.

(c) The Board shall have the authority to promulgate procedural rules governing the filing and hearing of complaints under this Section that are not inconsistent with this Article.

(d) In addition to any other penalties authorized by this Section, the State Board of Elections, any political committee, or any person may apply to the circuit court for a temporary restraining order or a preliminary or permanent injunction against a political committee, judicial fund, or entity, whether registered with the Board under this Article or not, to cease the expenditure of funds and to cease operations until the committee, judicial fund, or entity is in compliance with this Article.

(10 ILCS 5/7B-35 new)

Sec. 7B-35. Penalties. In addition to any other penalties established by this Article or other law:

(1) All contributions in violation of this Article escheat to the State;

(2) Any person who knowingly violates any of the provisions of this Article shall be fined the greater of $10,000 or three times the value of the illegal contribution or expenditure; and

(3) The Board shall provide a written basis for any decision issued under this Article. In the event that the Board fails to make a final determination, or if a majority of the Board is unable to agree on a final determination, within 90 days after the filing of the complaint, then the complainant, within 180 days after the filing of the complaint, may bring a cause of action in any circuit court of the State for de novo review.

(10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5)

Sec. 9-1.5. Expenditure defined.

"Expenditure" means-

(1) a payment, distribution, purchase, loan, advance, deposit, or gift of money or anything of value, in connection with the nomination for election, or election, of any person to public office, in connection with the election of any person as ward or township committeeman in counties of 3,000,000 or more population, or in connection with any question of public policy. "Expenditure" also includes a payment, distribution, purchase, loan, advance, deposit, or gift of money or anything of value that constitutes an electioneering communication regardless of whether the communication is made in concert or cooperation with or at the request, suggestion, or knowledge of a candidate, a candidate's authorized local political committee, a State political committee, a political committee in support of or opposition to a question of public policy, or any of their agents. However, expenditure does not include -

(a) the use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual in rendering voluntary personal services on the individual's residential premises for candidate-related activities; provided the value of the service provided does not exceed an aggregate of $150 in a reporting period;

(b) the sale of any food or beverage by a vendor for use in a candidate's campaign at a charge less than the normal comparable charge, if such charge for use in a candidate's campaign is at least equal to the cost of such food or beverage to the vendor.

(2) a transfer of funds between political committees.

(3) a payment for electioneering communications.

(Source: P.A. 93-574, eff. 8-21-03; 93-615, eff. 11-19-03; 93-847, eff. 7-30-04.)

(10 ILCS 5/9-25.1) (from Ch. 46, par. 9-25.1; formerly Ch.

46, pars. 102, 103 and 104)

Sec. 9-25.1. Election interference.

(a) As used in this Section, "public funds" means any funds appropriated by the Illinois General Assembly or by any political subdivision of the State of Illinois.

(b) Except as otherwise provided by law, rule, or ordinance, no No public funds shall be used to urge any elector to vote for or against any candidate or proposition, or be appropriated for political or campaign purposes to any candidate or political organization. This Section shall not prohibit the use of public funds for dissemination of factual information relative to any proposition appearing on an election ballot, or for dissemination of information and arguments published and distributed under law in connection with a proposition to amend the Constitution of the State of Illinois.

(c) The first time any person violates any provision of this Section, that person shall be guilty of a Class B misdemeanor. Upon the second or any subsequent violation of any provision of this Section, the person violating any provision of this Section shall be guilty of a Class A misdemeanor.

(Source: P.A. 87-1052.)

Section 905. The State Finance Act is amended by adding Section 5.719 as follows:

(30 ILCS 105/5.719 new)

Sec. 5.719. The Illinois Judicial Election Democracy Trust Fund.

Section 910. The Illinois Income Tax Act is amended by adding Section 506.7 as follows:

(35 ILCS 5/506.7 new)

Sec. 506.7. Designation of tax to the Illinois Judicial Election Democracy Trust Fund. The Department shall print on its standard individual income tax form a provision indicating that if the taxpayer wishes to contribute to the Illinois Judicial Election Democracy Trust Fund, as authorized by this amendatory Act of the 96th General Assembly, he or she may do so by stating the amount of the contribution (not less than $1) on the return and that the contribution will reduce the taxpayer's refund or increase the amount of payment to accompany the return. Failure to remit any amount of the increased payment shall reduce the contribution accordingly. This Section does not apply to any amended return. This tax checkoff applies to income tax forms for taxable years 2010 and thereafter.

Section 915. The Clerks of Courts Act is amended by adding Section 27.15 as follows:

(705 ILCS 105/27.15 new)

Sec. 27.15. Illinois Judicial Election Democracy Trust Fund. The clerk shall transfer $1 from each filing or appearance fee paid in accordance with Section 27.1, 27.1a, 27.2, or 27.2a to the State Treasurer for deposit into the Illinois Judicial Election Democracy Trust Fund. To defray that expense, the county board may, by resolution, require the clerk of the circuit court in the county to charge and collect an Illinois Judicial Election Democracy Trust Fund fee of not more than $1, which shall be paid at the time that any filing or appearance fee is paid. The fee shall be collected in the manner in which all other fees or costs are collected. Each clerk shall commence the charges and collection upon receipt of written notice from the chairman of the county board together with a certified copy of the board's resolution. The clerk shall file the resolution of record in his or her office. The fee shall be in addition to all other fees and charges of the clerks, shall be assessable as costs, and may be waived only if the judge specifically provides for the waiver of the Illinois Judicial Election Democracy Trust Fund fee. The fees shall be remitted monthly by the clerk for deposit into the Illinois Judicial Election Democracy Trust Fund.