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Full Text of HB0676  100th General Assembly

HB0676 100TH GENERAL ASSEMBLY


 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0676

 

Introduced , by Rep. Linda Chapa LaVia

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 105/5.878 new
35 ILCS 5/507GGG new

    Creates the Illinois Clean Elections Act. Establishes a voluntary method of public financing of the campaigns of candidates for statewide constitutional offices and the General Assembly. Amends the State Finance Act to create the Illinois Clean Elections 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.


LRB100 07837 MLM 17905 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0676LRB100 07837 MLM 17905 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Illinois Clean Elections Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Certified candidate" means a candidate running for
8Governor, Secretary of State, Attorney General, State
9Treasurer, State Comptroller, State Senator, or State
10Representative, in a primary election, and Governor, Secretary
11of State, Attorney General, State Treasurer, State
12Comptroller, State Senator, or State Representative, in a
13general election who chooses to participate in this Act and who
14is certified as an Illinois Clean Elections Act candidate under
15subsection (e) of Section 20 of this Act.
16    "Contribution" has the same meaning as in Article 9 of the
17Election Code.
18    "Fund" means the Illinois Clean Elections Fund established
19in Section 15 of this Act.
20    "Nonparticipating candidate" means a candidate running for
21Governor, Secretary of State, Attorney General, State
22Treasurer, State Comptroller, State Senator, or State
23Representative, in a primary election, and Governor, Secretary

 

 

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1of State, Attorney General, State Treasurer, State
2Comptroller, State Senator, or State Representative, in a
3general election who does not choose to participate in this Act
4and who is not seeking to be certified as an Illinois Clean
5Elections Act candidate.
6    "Participating candidate" means a candidate who is running
7for Governor, Secretary of State, Attorney General, State
8Treasurer, State Comptroller, State Senator, or State
9Representative, in a primary election, and Governor, Secretary
10of State, Attorney General, State Treasurer, State
11Comptroller, State Senator, or State Representative, in a
12general election who is seeking to be certified as an Illinois
13Clean Elections Act candidate.
14    "Qualifying contribution" means a donation:
15        (1) Of $5 in the form of a check or a money order
16    payable to the Fund in support of a candidate;
17        (2) Made by a registered voter within the district for
18    the office a candidate is seeking;
19        (3) Made during the designated qualifying period and
20    obtained with the knowledge and approval of the candidate;
21    and
22        (4) That is acknowledged by a written receipt that
23    identifies the name and address of the donor on forms
24    provided by the State Board.
25    "Qualifying period" means the following:
26        (1) For a participating candidate for Governor,

 

 

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1    Secretary of State, Attorney General, State Treasurer, or
2    State Comptroller, the qualifying period begins November
3    1st immediately preceding the election year and ends at
4    5:00 p.m. on April 15th of the election year unless the
5    candidate is unenrolled, in which case the period ends at
6    5:00 p.m. on June 2nd of the election year.
7        (2) For State Senate or State House of Representatives
8    participating candidates, the qualifying period begins
9    January 1st of the election year and ends at 5:00 p.m. on
10    April 15th of that election year unless the candidate is
11    unenrolled, in which case the period ends at 5:00 p.m. on
12    June 2nd of the election year.
13    "Seed money contribution" means a contribution of no more
14than $100 per individual made to a contribution from the
15candidate or the candidate's family. To be eligible for
16certification, a candidate may collect and spend only seed
17money contributions subsequent to becoming a candidate as
18defined by Article 9 of the Election Code and throughout the
19qualifying period. A participating candidate who has accepted
20contributions or made expenditures that do not comply with the
21seed money restrictions under this Act may petition the State
22Board to remain eligible for certification as an Illinois Clean
23Elections Act candidate in accordance with rules of the State
24Board, if the failure to comply was unintentional and does not
25constitute a significant infraction of these restrictions.
26Prior to certification, a candidate may obligate an amount

 

 

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1greater than the seed money collected if the value of the goods
2and services received from a vendor does not exceed the amount
3paid to the vendor. A candidate may not collect or spend seed
4money contributions after certification as an Illinois Clean
5Elections Act candidate. A seed money contribution must be
6reported according to procedures developed by the State Board.
7    "State Board" means the State Board of Elections.
 
8    Section 10. Alternative campaign financing option. This
9Act establishes an alternative campaign financing option
10available to candidates running for Governor, Secretary of
11State, Attorney General, State Treasurer, State Comptroller,
12State Senator, and State Representative. This alternative
13campaign financing option is available to candidates for
14elections to be held beginning in the year 2016. The State
15Board shall Administer this Act and the Fund. Candidates
16participating in this Act must also comply with all other
17applicable election and campaign laws and regulations.
 
18    Section 15. The Illinois Clean Elections Fund established;
19sources of funding.
20    (a) The Illinois Clean Elections Fund is established as a
21special fund in the State treasury to finance the election
22campaigns of certified Illinois Clean Elections Act candidates
23running for Governor, Attorney General, Secretary of State,
24State Treasurer, State Comptroller, State Senator, and State

 

 

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1Representative and to pay administrative and enforcement costs
2of the State Board related to this Act. Any interest generated
3by the Fund is credited to the Fund. The State Board shall
4administer the Fund.
5    (b) The following must be deposited into the Fund:
6        (1) The qualifying contributions required under
7    Section 20 of this Act when those contributions are
8    submitted to the State Board.
9        (2) $40,000,000 of the revenues from the taxes imposed
10    by the Illinois Income Tax Act and credited to the General
11    Revenue Fund, transferred to the Fund by the State
12    Treasurer on or before January 1st of each year, beginning
13    January 1, 2018. These revenues must be offset in an
14    equitable manner by an equivalent reduction within the
15    administrative divisions of the legislative branch and
16    executive branch agencies. If the State Board determines
17    that the Fund will not have sufficient revenues to cover
18    the likely demand for funds from the Illinois Clean
19    Elections Fund in an upcoming calendar year, by January 1st
20    the State Board shall provide a report of its projections
21    of the balances in the Illinois Clean Elections Fund to the
22    General Assembly and the Governor and may request that the
23    State Treasurer make the following transfers to the
24    Illinois Clean Elections Fund from the General Revenue
25    Fund:
26            (A) Up to $20,000,000 no later than February 28,

 

 

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1        2018, reflecting an advance of the transfer of the
2        amounts that would be received on or before January 1,
3        2019 pursuant to this paragraph.
4            (B) Up to $15,000,000 no later than July 31, 2018,
5        pursuant to this paragraph reflecting an advance of the
6        transfer of the amounts that would be received on or
7        before January 1, 2019 pursuant to this paragraph.
8            (C) Up to $5,000,000 no later than September 1,
9        2020, reflecting a partial advance of the transfer of
10        the amounts that would be received on or before January
11        1, 2021 pursuant to this paragraph.
12        (3) Revenue from a tax checkoff program allowing a
13    resident of the State who files a tax return with the
14    Department of Revenue to designate that $3 be paid into the
15    Fund. If a husband and wife file a joint return, each
16    spouse may designate that $3 be paid. The Department of
17    Revenue shall report annually the amounts designated for
18    the Fund to the State Treasurer, who shall transfer that
19    amount to the Fund.
20        (4) Seed money contributions remaining unspent after a
21    candidate has been certified as an Illinois Clean Elections
22    Act candidate.
23        (5) Fund revenues that were distributed to an Illinois
24    Clean Elections Act candidate and that remain unspent after
25    the candidate has lost a primary election or after all
26    general elections.

 

 

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1        (6) Other unspent Fund revenues distributed to any
2    Illinois Clean Elections Act candidate who does not remain
3    a candidate throughout a primary or general election cycle.
4        (7) Voluntary donations made directly to the Fund.
5        (8) Fines collected under this Act.
6    (c) By September 1st preceding each election year, the
7State Board shall publish an estimate of revenue in the Fund
8available for distribution to certified candidates during the
9upcoming year's elections and an estimate of the likely demand
10for clean elections funding during that election. The State
11Board may submit legislation to request additional funding.
 
12    Section 20. Terms of participation.
13    (a) A participating candidate must file a declaration of
14intent to seek certification as an Illinois Clean Elections Act
15candidate and to comply with the requirements of this Act. The
16declaration of intent must be filed with the State Board prior
17to or during the qualifying period, except as provided in
18subsection (l) of this Section, according to forms and
19procedures developed by the State Board. A participating
20candidate must submit a declaration of intent within 5 business
21days after collecting qualifying contributions under this Act
22or the qualifying contributions collected before the
23declaration of intent has been filed will not be counted toward
24the eligibility requirement in subsection (c) of this Section.
25    (b) Subsequent to becoming a candidate defined by and prior

 

 

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1to certification, a participating candidate may not accept
2contributions, except for seed money contributions. A
3participating candidate must limit the candidate's seed money
4contributions to the following amounts:
5        (1) $50,000 for a gubernatorial candidate.
6        (2) $25,000 for a candidate for Secretary of State,
7    Attorney General, State Treasurer, or State Comptroller.
8        (3) $10,000 for a candidate for the State Senate.
9        (4) $5,000 for a candidate for the State House of
10    Representatives.
11    The State Board may, by rule, revise these amounts to
12ensure the effective implementation of this Act.
13    (c) Participating candidates must obtain qualifying
14contributions during the qualifying period as follows:
15        (1) For a candidate for Governor, Secretary of State,
16    Attorney General, State Treasurer, or State Comptroller,
17    the minimum number of qualifying donations from verified
18    registered voters of this State is equal to the minimum
19    number of signatures required for a candidate petition for
20    a statewide office under subsection (a) of Section 7-10 of
21    this Code.
22        (2) For a candidate for the State Senate, the minimum
23    number of qualifying donations from verified registered
24    voters of this State is equal to the minimum number of
25    signatures required for a candidate petition for a State
26    Senator under Section 8-8 of this Code.

 

 

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1        (3) For a candidate for the State House of
2    Representatives, the minimum number of qualifying
3    donations from verified registered voters of this State is
4    equal to the minimum number of signatures required for a
5    candidate petition for a Representative in the General
6    Assembly under Section 8-8 of this Code.
7    A payment, gift, or anything of value may not be given in
8exchange for a qualifying contribution. A candidate may pay the
9fee for a money order in the amount of $5, which is a
10qualifying contribution, as long as the donor making the
11qualifying contribution pays the $5 amount reflected on the
12money order. Any money order fees paid by a participating
13candidate must be paid for with seed money and reported in
14accordance with State Board rules.
15    (d) A participating candidate must submit qualifying
16contributions to the State Board during the qualifying period
17according to procedures developed by the State Board, except as
18provided under subsection (l) of this Section.
19    (e) Upon receipt of a final submittal of qualifying
20contributions by a participating candidate, the State Board
21shall determine whether or not the candidate has:
22        (1) Signed and filed a declaration of intent to
23    participate in this Act.
24        (2) Submitted the appropriate number of valid
25    qualifying contributions.
26        (3) Qualified as a candidate by petition or other

 

 

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1    means.
2        (4) Not accepted contributions, except for seed money
3    contributions, and otherwise complied with seed money
4    restrictions.
5        (5) Not run for the same office as a nonparticipating
6    candidate in a primary election in the same election year.
7        (6) Otherwise met the requirements for participation
8    in this Act.
9    The State Board shall certify a candidate complying with
10the requirements of this Section as an Illinois Clean Elections
11Act candidate as soon as possible and no later than 3 business
12days after final submittal of qualifying contributions. Upon
13certification, a candidate must transfer to the Fund any
14unspent seed money contributions. A certified candidate must
15comply with all requirements of this Act after certification
16and throughout the primary and general election periods.
17Failure to do so is a violation of this Act.
18    (f) After certification, a candidate must limit the
19candidate's campaign expenditures and obligations, including
20outstanding obligations, to the revenues distributed to the
21candidate from the Fund and may not accept any contributions
22unless specifically authorized by the State Board. Candidates
23may also accept and spend interest earned on bank accounts. All
24revenues distributed to a certified candidate from the Fund
25must be used for campaign-related purposes. The candidate, the
26treasurer, the candidate's political committee, or any agent of

 

 

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1the candidate and committee may not use these revenues for any
2but campaign-related purposes. The State Board shall publish
3guidelines outlining permissible campaign-related
4expenditures.
5    (g) The State Board shall distribute to certified
6candidates revenues from the Fund in amounts determined under
7subsection (h) in the following manner.
8        (1) Within 3 days after certification, for candidates
9    certified prior to March 15th of the election year,
10    revenues from the Fund must be distributed as if the
11    candidates are in an uncontested primary election.
12        (2) Within 3 days after certification, for all
13    candidates certified between March 15th and April 15th of
14    the election year, revenues from the Fund must be
15    distributed according to whether the candidate is in a
16    contested or uncontested primary election.
17        (3) For candidates in contested primary elections
18    receiving a distribution under paragraph (1) of this
19    subsection, additional revenues from the fund must be
20    distributed within 3 days of March 15th after the election
21    year.
22        (4) Within 3 days after the primary election results
23    are certified, for general election certified candidates,
24    revenues from the Fund must be distributed according to
25    whether the candidate is in a contested or uncontested
26    general election.

 

 

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1    Funds may be distributed to certified candidates under this
2Section by any mechanism that is expeditious, ensures
3accountability, and safeguards the integrity of the Fund.
4    (h) The candidate or committee shall deposit all revenues
5from the Fund in a campaign account with a bank or other
6financial institution. The campaign funds must be segregated
7from, and may not be commingled with, any other funds.
8    (i) By July 1, 2018 and at least every 4 years after that
9date, the State Board shall determine the amount of funds to be
10distributed to participating candidates based on the type of
11election and office as follows:
12        (1) For contested legislative primary elections, the
13    amount of revenues to be distributed is the average amount
14    of campaign expenditures made by each candidate during all
15    contested primary election races for the immediately
16    preceding 2 primary elections, as reported in the initial
17    filing period subsequent to the primary election, for the
18    respective offices of State Senate and State House of
19    Representatives.
20        (2) For uncontested legislative primary elections, the
21    amount of revenues distributed is the average amount of
22    campaign expenditures made by each candidate during all
23    uncontested primary election races for the immediately
24    preceding 2 primary elections, as reported in the initial
25    filing period subsequent to the primary election, for the
26    respective offices of State Senate and State House of

 

 

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1    Representatives.
2        (3) For contested legislative general elections, the
3    amount of revenues distributed is the average amount of
4    campaign expenditures made by each candidate during all
5    contested general election races for the immediately
6    preceding 2 general elections, as reported in the initial
7    filing period subsequent to the general election, for the
8    respective offices of State Senate and State House of
9    Representatives.
10        (4) For uncontested legislative general elections, the
11    amount of revenues to be distributed from the Fund is 40%
12    of the amount distributed to a participating candidate in a
13    contested general election.
14        (5) For gubernatorial primary elections, the amount of
15    revenues distributed is $2,000,000 per candidate in the
16    primary election.
17        (6) For gubernatorial general elections, the amount of
18    revenues distributed is $4,000,000 per candidate in the
19    general election.
20        (7) For contested primary elections for Attorney
21    General the amount of revenues distributed per candidate is
22    $500,000 per candidate.
23        (8) For the general election for Attorney General, the
24    amount of funds distributed per candidate is $2,000,000.
25        (9) For primary elections for Secretary of State the
26    amount of revenues distributed per candidate is $500,000

 

 

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1    per candidate.
2        (10) For the general election for Secretary of State,
3    the amount of funds distributed per candidate is
4    $2,000,000.
5        (11) For contested primary elections for State
6    Treasurer, the amount of revenues distributed per
7    candidate is $200,000.
8        (12) For the general election for State Treasurer, the
9    amount of funds distributed per candidate is $800,000.
10        (13) For contested primary elections for State
11    Comptroller, the amount of revenues distributed per
12    candidate is $200,000.
13        (14) For the general election for State Comptroller,
14    the amount of funds distributed per candidate is $800,000.
15        (15) For any uncontested primary or general election
16    for the office of Governor, Attorney General, Secretary of
17    State, State Treasurer, or Comptroller, the amount of funds
18    distributed shall be 40% of those otherwise distributed in
19    a contested primary or general election.
20    If the immediately preceding election cycles do not contain
21sufficient electoral data, the State Board shall use
22information from the most recent applicable elections.
23    (j) When any campaign, finance, or election report shows
24that the sum of a candidate's expenditures or obligations, or
25funds raised or borrowed, whichever is greater, alone or in
26conjunction with independent reported expenditures, exceeds

 

 

HB0676- 15 -LRB100 07837 MLM 17905 b

1the distribution amount under subsection (h) of this Section,
2the State Board shall issue immediately to any opposing
3Illinois Clean Elections Act candidate an additional amount
4equivalent to the reported excess. Matching funds are limited
5to 2 times the amount originally distributed under paragraph
6(1), (3), (5), or (6) of subsection (h) of this Section,
7whichever is applicable.
8    (k) An unenrolled candidate certified by January 15th
9preceding the primary election is eligible for revenues from
10the Fund in the same amounts and at the same time as an
11uncontested primary election candidate and a general election
12candidate as specified in subsections (g) and (h) of this
13Section. For an unenrolled candidate not certified by January
1415th at 5:00 p.m. the deadline for filing qualifying
15contributions is 5:00 p.m. on June 2nd preceding the general
16election. An unenrolled candidate certified after January 15th
17at 5:00 p.m. is eligible for revenues from the Fund in the same
18amounts as a general election candidate, as specified in
19subsections (g) and (h) of this Section.
20    (l) The State Board shall establish by rule procedures for
21qualification, certification, disbursement of Fund revenues,
22and return of unspent Fund revenues for races involving special
23elections, recounts, vacancies, withdrawals, or replacement
24candidates.
25    (m) Notwithstanding any other provision of law,
26participating and certified candidates shall report any money

 

 

HB0676- 16 -LRB100 07837 MLM 17905 b

1collected, all campaign expenditures, obligations, and related
2activities to the State Board according to procedures developed
3by the State Board. Upon the filing of a final report for any
4primary election in which the candidate was defeated and for
5all general elections that candidate shall return all unspent
6Fund revenues to the State Board. In developing these
7procedures, the State Board shall utilize existing campaign
8reporting procedures whenever practicable. The State Board
9shall ensure timely public access to campaign finance data and
10may utilize electronic means of reporting and storing
11information.
12    (n) The treasurer shall obtain and keep:
13        (1) Bank or other account statements for the campaign
14    account covering the duration of the campaign.
15        (2) A vendor invoice stating the particular goods or
16    services purchased for every expenditure of $50 or more.
17        (3) A record proving that a vendor received payment for
18    every expenditure of $50 or more in the form of a cancelled
19    check, receipt from the vendor, or bank or credit card
20    statement identifying the vendor as the payee.
21    The treasurer shall preserve the records for 2 years
22following the candidate's final campaign finance report for the
23election cycle. The candidate and treasurer shall submit
24photocopies of the records to the State Board upon its request.
25    (o) The State Board may not distribute revenues to
26certified candidates in excess of the total amount of money

 

 

HB0676- 17 -LRB100 07837 MLM 17905 b

1deposited into the Fund as set forth in Section 15.
2Notwithstanding any other provisions of this Act, if the State
3Board determines that the revenues in the Fund are insufficient
4to meet distributions under subsections (h) or (i) of this
5Section, the State Board may permit certified candidates to
6accept and spend contributions, reduced by any seed money
7contributions, aggregating no more than $500 per donor per
8election for gubernatorial candidates and $250 per donor per
9election for State Senate and State House candidates, up to the
10applicable amounts set forth in subsections (h) and (i) of this
11Section according to rules adopted by the State Board.
12    (p) A candidate who has been denied certification as an
13Illinois Clean Elections Act candidate, the opponent of a
14candidate who has been granted certification as an Illinois
15Clean Elections Act candidate, or other interested persons may
16challenge a certification decision by the State Board as
17follows:
18        (1) A challenger may appeal to the full State Board
19    within 7 days after the certification decision. The appeal
20    must be in writing and must set forth the reasons for the
21    appeal.
22        (2) Within 5 days after an appeal is properly made and
23    after notice is given to the challenger and any opponent,
24    the State Board shall hold a hearing. The appellant has the
25    burden of providing evidence to demonstrate that the State
26    Board decision was improper. The State Board must rule on

 

 

HB0676- 18 -LRB100 07837 MLM 17905 b

1    the appeal within 3 days after the completion of the
2    hearing.
3        (3) A challenger may appeal the decision of the State
4    Board in paragraph (2) of this subsection by commencing an
5    action in circuit court.
6        (4) A candidate whose certification by the State Board
7    as an Illinois Clean Elections Act candidate is revoked on
8    appeal must return to the State Board any unspent revenues
9    distributed from the Fund.
10    If the State Board or court finds that an appeal was made
11frivolously or to cause delay or hardship, the State Board or
12court may require the moving party to pay costs of the State
13Board, court, and opposing parties, if any.
 
14    Section 25. Rules. The State Board shall adopt rules to
15ensure effective administration of this Act. These rules must
16include but must not be limited to procedures for obtaining
17qualifying contributions, certification as an Illinois Clean
18Elections Act candidate, circumstances involving special
19elections, vacancies, recounts, withdrawals or replacements,
20collection of revenues for the Fund, distribution of Fund
21revenue to certified candidates, return of unspent Fund
22disbursements, disposition of equipment purchased with Clean
23Elections Funds, and compliance with this Act.
 
24    Section 30. Violations.

 

 

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1    (a) In addition to any other penalties that may be
2applicable, a person who violates any provision of this Act or
3rules of the State Board adopted pursuant to Section 25 of this
4Act is subject to a fine not to exceed $10,000 per violation
5payable to the Fund. The State Board may assess a fine of up to
6$10,000 for a violation of reporting requirements if it
7determines that the failure to file a timely and accurate
8report resulted in the late payment of matching funds. This
9fine is recoverable in a civil action. In addition to any fine,
10for good cause shown, a candidate, treasurer, consultant, or
11other agent of the candidate or the committee authorized by the
12candidate found in violation of this Act or rules of the State
13Board may be required to return to the Fund all amounts
14distributed to the candidate from the Fund or any funds not
15used for campaign-related purposes. If the State Board makes a
16determination that a violation of this Act or rules of the
17State Board has occurred, the State Board shall assess a fine
18or transmit the finding to the Attorney General for
19prosecution. Fines paid under this Section must be deposited
20into the Fund. In determining whether or not a candidate is in
21violation of the expenditure limits of this Act, the State
22Board may consider as a mitigating factor any circumstances out
23of the candidate's control.
24    (b) A person who willfully or knowingly violates this Act
25or rules of the State Board or who willfully or knowingly makes
26a false statement in any report required by this Act commits a

 

 

HB0676- 20 -LRB100 07837 MLM 17905 b

1business offense punishable by a fine of at least $1,001 and
2not more than $5,000 and, if certified as an Illinois Clean
3Elections Act candidate, must return to the Fund all amounts
4distributed to the candidate.
 
5    Section 35. Study report. By January 30, 2019 and every 4
6years after that date, the State Board shall prepare for the
7General Assembly a report documenting, evaluating, and making
8recommendations relating to the administration,
9implementation, and enforcement of this Act and the Illinois
10Clean Elections Fund. 
 
11    Section 90. The State Finance Act is amended by adding
12Section 5.878 as follows:
 
13    (30 ILCS 105/5.878 new)
14    Sec. 5.878. The Illinois Clean Elections Fund.
 
15    Section 95. The Illinois Income Tax Act is amended by
16adding Section 507GGG as follows:
 
17    (35 ILCS 5/507GGG new)
18    Sec. 507GGG. The Illinois Clean Elections Fund checkoff.
19For taxable years ending on or after December 31, 2017, the
20Department must print on its standard individual income tax
21form a provision indicating that if the taxpayer wishes to

 

 

HB0676- 21 -LRB100 07837 MLM 17905 b

1contribute to the Illinois Clean Elections Fund, as authorized
2by the Illinois Clean Elections Act, he or she may do so by
3stating the amount of the contribution (not less than $3) on
4the return and that the contribution will reduce the taxpayer's
5refund or increase the amount of payment to accompany the
6return. Failure to remit any amount of increased payment shall
7reduce the contribution accordingly. This Section does not
8apply to any amended return.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.