103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2249

 

Introduced 2/10/2023, by Sen. Sally J. Turner

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/1A-52 new
30 ILCS 105/5.990 new

    Amends the Election Code. Provides that, beginning January 1, 2024, the Board of Elections is responsible for the regulation and oversight of all private, nongovernmental funds from an organization or an individual that are given or distributed to an election authority for the election authority to use. Provides that an election authority may not apply for or request in some other manner any private, nongovernmental funding from any source, but, rather, the Board may seek and apply for private, nongovernmental grants and donations to secure funds that will be distributed to election authorities to assist the election authorities in carrying out duties related to official day-to-day operations and the administration of elections within the election authorities' respective jurisdictions. Provides that the Board shall deposit moneys received into the Election Authority Support Fund and shall publish notices of funds available to election authorities in the State. Provides that funds distributed to election authorities must be directly proportional to the total population residing within the jurisdiction of the selected election authority during the first round of applications, and, if any money is left over after the first round, funds may be distributed in a nonproportional manner to those applicants in the second round. Requires rules to be adopted by the Board, and contains other regulations and restrictions relating to funds granted to or received by the Board. Amends the State Finance Act establishing the Election Authority Support Fund. Effective immediately.


LRB103 05786 BMS 57192 b

 

 

A BILL FOR

 

SB2249LRB103 05786 BMS 57192 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 5. The Election Code is amended by adding Section
51A-52 as follows:
 
6    (10 ILCS 5/1A-52 new)
7    Sec. 1A-52. Regulation and oversight of private,
8nongovernmental funds.
9    (a) The State Board of Elections is responsible for the
10regulation and oversight of all private, nongovernmental funds
11from an organization or an individual that are given or
12distributed to an election authority for the election
13authority to use.
14    (b) An election authority may not apply for or request in
15some other manner any private, nongovernmental funding from
16any source.
17    (c) The Board may seek and apply for private,
18nongovernmental grants and donations to secure funds that will
19be distributed to election authorities to reimburse the
20election authorities for carrying out its duties related to
21official day-to-day operations and administering elections
22within the election authorities' respective jurisdictions.
23    (d) All funds that are secured by the Board under

 

 

SB2249- 2 -LRB103 05786 BMS 57192 b

1subsection (c) shall be deposited by the Board into the
2Election Authority Support Fund, a special fund that is
3created in the State treasury, and, as directed by the State
4Board of Elections, may be disbursed and expended for the
5purposes described in this Section.
6    (e) When funds are not designated for disbursement in the
7Election Authority Support Fund, the Board shall publish a
8notice of funds available to election authorities in the
9State. The notice must list the source or sources of funds, the
10total amount available, and how an election authority may
11apply to be reimbursed for expenditures. The frequency of
12notices shall be at the discretion of the Board, but shall not
13be less than once per calendar year unless no funds are
14available.
15    (f) Funds disbursed under this Section must be directly
16proportional to the total population residing within the
17jurisdiction of the selected election authority. The initial
18amount of funds disbursed shall be calculated as if every
19election authority will apply for reimbursement. Any funds
20remaining due to an insufficient number of applications, or
21another reason, shall be distributed through a second round of
22applications in which first round applicants may apply for a
23second time.
24    (g) The Board must disburse funds to selected election
25authorities within 30 days of reimbursement application
26approval by check mailed to the official business address of

 

 

SB2249- 3 -LRB103 05786 BMS 57192 b

1the election authority or direct deposit into the election
2authority's government account. The Board is required to
3disburse all funds within 365 days of receiving the funds from
4an outside source unless the reason for not disbursing the
5funds is due to lack of applications from election
6authorities. In that case, the Board shall keep the funds
7until fully disbursed through the application process and the
8funds shall not be used for any other purpose.
9    (h) Both the Board and all election authorities are
10required to create and maintain records pertaining to the
11requirements of this Section. These records include, at a
12minimum, applications by the Board for grants and donations,
13reimbursement applications by election authorities, and
14records of financial transfers. Election authorities must keep
15records on how any private, nongovernmental funds were spent.
16Funds received through this process must only be used as noted
17on the original reimbursement application to the Board. These
18financial records that detail the spending of funds must be
19made available to the Board upon request to the election
20authority.
21    (i) The Board shall establish rules by January 1, 2024 to
22implement this Section, including, at a minimum, procedures
23for grant applications, the frequency of notice of available
24funds, the reimbursement application process for election
25authorities to secure funding, and the process through which
26funds are distributed.

 

 

SB2249- 4 -LRB103 05786 BMS 57192 b

1    (j) Nothing in this Section shall be construed to
2interfere with any funds or procedures relating to the Help
3America Vote Act, the Help Illinois Vote Fund, or the ERIC
4Operations Trust Fund, or any other type of funds and
5financial procedures detailed in any other provision of law.
6    (k) If this Section conflicts with any other provision of
7law that specifies types of private, nongovernmental funds
8that may be used by election authorities, including, but not
9limited to, Section 1A-50, then the other, more specific law
10controls.
11    (l) Except for the adoption of rules under subsection (i),
12election authorities and the Board must comply with the
13requirements of this Section beginning January 1, 2024.
14Nothing in this Section shall be construed to affect private,
15nongovernmental funds granted or given to an election
16authority or the Board prior to January 1, 2024.
 
17    Section 10. The State Finance Act is amended by adding
18Section 5.990 as follows:
 
19    (30 ILCS 105/5.990 new)
20    Sec. 5.990. The Election Authority Support Fund.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.